I'm a subcontractor and I completed my work on a commercial project on Jan 3, 2023. The work was finalized by the county and cleared. The General Contractor is refusing to pay me because he said that I held up his job, however I am the only contractor that is finalized. The job never had a final date on the original contract. The date stated "To be determined (tbd)" and it never was. The job is still going on. Can I file a Mechanics Lien? or What type of lien can I file?
Yes you can file a lien if your work is done (and you are no more remote than 3rd tier subcontractor) and they are not paying you First, have you filed a Notice to the Lien Agent of Record? This is done at https://www.liensnc.com/ . Then, you can file a Claim of Lien on Real Property, as well as a Notice of Claim of Lien on Funds since you are not the general contractor but a subcontractor. You have until 120 days after you last performed at the job to file a lien, and you must serve all the party "up the chain" above you-- the party you contracted with, the GC, the owner of the property. Then you have to "perfect" the lien by the 180th day. This post may also help: https://constructionlawnc.com/2010/11/11/current-nc-lien-law-part1/