Representation for construction contract disputes, liens, defects, and payment claims in Raleigh and across North Carolina.
Contracts, liens, defects, and payment
Batch, Poore & Williams represents property owners, general contractors, subcontractors, and suppliers in construction matters in Raleigh and across North Carolina. Our construction matters are handled by William Krueger, who handles contract disputes, mechanics liens, construction defect claims, and payment disputes on residential and commercial projects.
The sooner a construction dispute gets legal attention, the more options remain open. Lien deadlines run from the last day work was performed, and many contracts set their own notice requirements that are shorter than any statute. If a deadline may be close, contact our office.
Construction matters are handled by William Krueger.
Your options depend on your role in the project, what the contract says, and which deadlines are already running. We start with the contract and the dates.
Breach, change orders, delays, scope, and termination disputes between owners, contractors, and subcontractors. Contract disputes.
Preserving, filing, and enforcing claims of lien, and defending owners against invalid or overstated liens. Lien deadlines.
Notice to lien agent through LiensNC and the notices each tier must give to protect its rights. Lien agents.
Claims for defective workmanship, warranty breaches, negligent construction, and code violations. Defect claims.
Unpaid contract balances, change order amounts, and retainage under the prompt payment statute. Payment disputes.
Reviewing and drafting contracts before a project starts, so the terms protect you if a dispute arises.
Most construction disputes start with the contract. The written agreement controls scope, price, schedule, change procedures, payment terms, and how disputes must be resolved. When something goes wrong, the first step is reading what the parties actually agreed to.
We handle disputes involving:
By owners, contractors, or subcontractors.
And disputes over extra work, pricing, or whether a change was authorized.
And claims for delay damages or extensions of time.
Over what the contract required.
Including whether a party had grounds to end the contract and what each side owes afterward.
Before a project starts, so the terms protect you if a dispute arises.
Many construction contracts include notice provisions, claim deadlines, and dispute resolution clauses. Missing a contractual notice deadline can waive a claim even when the underlying complaint is valid. Reviewing the contract early is one of the most useful things you can do.
North Carolina’s construction lien law, found in Chapter 44A of the General Statutes, gives contractors, subcontractors, and suppliers a way to secure payment against the property they improved. The protection is real, but the deadlines are short and they don’t bend.
Within 15 days of first furnishing labor or materials. G.S. 44A-11.2
No later than 120 days after last furnishing. G.S. 44A-12
No later than 180 days after last furnishing. G.S. 44A-13
A claim of lien can’t be amended once filed. If it contains an error, it must be cancelled and refiled within the original 120-day window.
Under G.S. 44A-11.1, the owner must designate a lien agent for most projects costing $30,000 or more. A lien agent is a title insurance company or agency registered with the state, and its contact information appears on the building permit. Contractors and suppliers then send a notice to lien agent, usually through the LiensNC online registry.
The main exception is improvements to an existing single-family home that the owner lives in. If a required notice to lien agent is missed, the lien may not hold up against a later buyer or lender.
A contractor who deals directly with the owner can claim a lien on the property itself. Subcontractors and suppliers further down the chain have more limited rights, usually through a claim of lien on funds owed up the chain or a lien by subrogation. How far down the chain those rights reach, and what notices each tier must give, depends on the facts.
We help clients preserve lien rights from the start of a project, file and enforce claims of lien, and defend owners against liens that are invalid or overstated.
Lien deadlines run from the last day work was performed and do not bend. Talk with a Raleigh construction lawyer before the 120-day window closes.
A construction defect is work that doesn’t meet the contract, the plans, the building code, or the accepted standard of workmanship. Defects can show up right away, like improper framing or failed inspections, or years later as water intrusion, foundation movement, or roofing failures.
North Carolina generally allows three years to bring a claim for a construction defect, measured from when the damage became apparent or reasonably should have. The statute of repose in G.S. 1-50(a)(5) sets an outside limit: in most cases, no defect claim can be brought more than six years after the later of substantial completion or the defendant’s last act on the project. Once that window closes, the claim is usually gone, even if the defect wasn’t discovered until later.
We represent owners pursuing defect claims and contractors defending them. Either way, early documentation of the conditions, the contract, and the communications is usually the most important evidence in the case.
Nonpayment is the most common reason contractors and subcontractors call a construction lawyer. North Carolina’s prompt payment statute for private projects, Chapter 22C, gives subcontractors specific protections:
Under G.S. 22C-2, payment by the owner to the contractor is not a condition for paying the subcontractor, and a contract term saying otherwise can’t be enforced.
Under G.S. 22C-3, once a contractor receives a periodic or final payment, it must pay its subcontractor the amount received for that subcontractor’s work within seven days, as long as the subcontractor performed under its contract.
Under G.S. 22C-5, payments delayed past seven days accrue interest at 1% per month.
A contractor can withhold payment for legitimate reasons, such as defective work that hasn’t been fixed or disputed work. Retainage on private projects is generally governed by the contract. Public projects follow separate payment and retainage rules.
We help clients recover unpaid contract balances, change order amounts, and retainage, and we defend owners and contractors against payment claims they dispute. Many payment disputes resolve through a demand letter or a lien before they reach litigation.
Send us your contract and the dates you first and last furnished labor or materials. We will review the lien, notice, and payment deadlines that apply and explain your options.
Most construction disputes settle before trial. The right path depends on the contract, the amount at stake, and whether the working relationship needs to survive the dispute.
A clear demand backed by the contract and documentation resolves many disputes early, at the lowest cost.
A neutral mediator helps the parties reach agreement. Many construction contracts require mediation before any other step.
Many contracts require binding arbitration instead of court. Arbitration is private and often faster, but appeal rights are very limited.
When the contract allows it and settlement fails, claims go to court. Lien enforcement actions must be filed in court within the statutory deadline.
Before choosing a path, we review the dispute resolution clause in your contract. It often decides where and how the case will be heard.
Our construction matters are handled by William Krueger, an associate attorney whose practice includes civil litigation and business law. [CONSTRUCTION-SPECIFIC CREDENTIALS, BAR ADMISSION, AND EXPERIENCE AS PROVIDED BY THE FIRM]. Read William Krueger’s full profile.
Every case at Batch, Poore & Williams has a partner, associate, and paralegal assigned from day one. Clients know who is handling their matter and who to call with questions. You can meet our team online.
We start every construction matter by reviewing the contract, the payment history, and every deadline that applies. Lien and notice deadlines are calendared immediately, because a missed date can end a claim regardless of its merits.
Bring your contract and payment history, and we will walk through the deadlines that apply to your project.
Our office is at 5540 Centerview Dr, Suite 315, in Raleigh. We represent clients in construction matters throughout Wake, Durham, Johnston, Chatham, and Harnett counties, including Raleigh, Durham, Cary, Apex, Holly Springs, Wake Forest, and Garner. Construction law is part of our civil practice areas.
If a lien or notice deadline may be close, tell our office when you first contact us.
Our Raleigh office
5540 Centerview Dr., Suite 315
William Krueger handles the firm’s construction matters, including contract disputes, mechanics liens, construction defect claims, and payment disputes.
Associate Attorney · Construction Law
A lien agent is a title insurance company or agency the owner designates for most projects costing $30,000 or more. Contractors, subcontractors, and suppliers send it a notice to lien agent, usually through the LiensNC registry. The notice protects their lien rights against later buyers and lenders. Improvements to an existing single-family home the owner lives in generally don’t require a lien agent.
A claim of lien must be filed no later than 120 days after you last furnished labor or materials at the site (G.S. 44A-12). You then have 180 days from that same last date to file a lawsuit to enforce the lien (G.S. 44A-13). If either deadline passes, the lien is lost.
Often, yes. Subcontractors and suppliers can pursue a claim of lien on funds owed up the contract chain, and in some cases a lien on the property by subrogation. Their rights depend on their tier and on giving the required notices in time. North Carolina law also makes pay-if-paid clauses unenforceable on private projects.
Start by documenting the defects with photos, inspection reports, and written communications, and review your contract’s warranty and notice terms. You may have claims for breach of contract, breach of warranty, or negligent construction. Act promptly: the six-year statute of repose can bar a claim even if the defect was found late.
It’s not required, but it’s often the least expensive point to get legal help. Payment terms, change order procedures, notice deadlines, and dispute resolution clauses are much easier to negotiate before work begins than to fight over after a dispute starts.
Construction deadlines start running the day work begins. If you have an unpaid balance, a lien question, a defect claim, or a contract you need reviewed, contact Batch, Poore & Williams to schedule a consultation.
Call (919) 870-0466
5540 Centerview Dr, Suite 315, Raleigh, NC 27606
