North Carolina law allows the presiding judge in any suit regarding construction liens to award a reasonable attorney’s fee to the Plaintiff who obtains a judgment of at least 50% of the monetary amount sought or a Defendant or Third Party Defendant against whom a judgment is rendered for less than 50% of the amount claimed. The 50% threshold can be altered by an offer of judgment made under Rule 68 of the North Carolina Rules of Civil Procedure. The judge is not required to award attorney’s fees and there must be a finding that there was an unreasonable refusal by the losing party to fully resolve the matter which constituted the basis of the suit or the basis of the defense.
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