North Carolina

North Carolina 

North Carolina Private Projects
Notice Req.
Intent to Lien
Lien Req.
Prime Contractor

File a “Notice of Contract” and post on job site

Not Required

In the state of North Carolina a construction lien is called a “Claim of Lien on Real Property” is recorded within one hundred and twenty days (120 days) from last day on project.

Sub Contractor

“Notice to Lien Agent” no later than fifteen (15 days) first day on project.  If the amount exceeds or equals $30,000 this notice must be either done online or sent by certified mail. If a “Notice of Contract” was filed by the Prime Contractor send a “Notice of Subcontract” at the beginning of the project.  If it’s a Public Project send “Notice of Public Subcontract” 

Not Required

In the state of North Carolina a construction lien is called a “Claim of Lien on Real Property” is recorded within one hundred and twenty days (120 days) from last day on project.

Suppliers/Other

“Notice to Lien Agent” no later than fifteen (15 days) first day on project.  If the amount exceeds or equals $30,000 this notice must be either done online or sent by certified mail. If a “Notice of Contract” was filed by the Prime Contractor send a “Notice of Subcontract” at the beginning of the project.  If it’s a Public Project send “Notice of Public Subcontract”

Not Required

In the state of North Carolina a construction lien is called a “Claim of Lien on Real Property” is recorded within one hundred and twenty days (120 days) from last day on project.

North Carolina

Notice to Lien Agent, Notice of Subcontract, Notice of Public Subcontract and Mechanics Liens

 

1. Are there any notice requirements in the state of North Carolina prior to work being done on the site?

YES! All potential lien claimants, except for contractors contracting directly with the owner, must serve a Notice to Lien Agent no later than 15 days after the potential lien claimant first furnished work.  This notice only needs to be sent if it’s private work and the project amount exceeds $30,000.00

SECURE YOUR LIEN RIGHTS by sending a Notice to Lien Agent

 

2. In addition to the Notice to the Lien Agent are there any additional notice requirements?

YES, for both Private and Public Work!

If you are working on Private work

North Carolina statutes state prime contractors should file a Notice of Contract, which, protects them from liens filed by second and third tier subcontractors.  If a Notice of Contract is filed by a prime contractor, the subcontractor/supplier should send a Notice of Subcontract to protect and secure their interests.

SECURE MY LIEN RIGHTS by filing a Notice of Contract or Notice of Subcontract

 

3. Does North Carolina law place special requirements or limits on lower subcontractors or suppliers?

Yes.  Depending on actions taken by the general contractor, second and third tier subcontractors may be required to serve a Notice of Subcontract to fully protect their interests.  First, second, and third tier subcontractors in certain instances, can be able to a Claim of Lien on Real Property.   Subcontractors or suppliers lower than third tier are entitled only to a Notice of Claim of Lien Upon Funds.

SECURE YOUR LIEN RIGHTS by filing a Claim of Lien on Real Property

SECURE YOUR LIEN RIGHTS by filing a Notice of Claim of Lien Upon Funds

 

4. In North Carolina is there a notice requirement for public projects?  

YES! Any subcontractor having a potential claimant on a public payment bond must also serve a Notice of Public Subcontract.  This is because the subcontractor’s payment bond claim can contain claims for labor and materials provided no more than 75 days prior to the notice.

SECURE YOUR LIEN RIGHTS by serving a Notice of Public Subcontract

 

5. How long do I have to record my lien in North Carolina?

120 calendar days after the last day that labor, or materials were furnished for the project.

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6. What is the deadline to start a lien foreclosure?

180 consecutive calendar days after the last furnishing of labor or materials.

 

7. What costs or damages made are not generally allowed in a lien claim?

North Carolina law does not cover, lost profits, equipment not eventually attached to building, or damages that occur indirectly. North Carolina allows protection to parties that supply materials, services, or labor, including professionals.

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8. Does the owner need a lien agent?

The North Carolina Lien Law changed in 2013.  The owner must designate a Lien Agent, from a list of registered lien agents maintained by the Department of Insurance. The designation must be made on or before the first contract with any person for the improvement of any real property other than the owner’s own existing single-family residence.  The owner or contractor must post the lien agent information either on a post on the site or on the building permit.

 

North Carolina State Projects
Notice Requirements
Lien Requirements
Prime Contractor

Not Required

Not Required

Suppliers/Other

Not Required

If you did not contract with the general contractor, you must file a Bond Claim with the GC within 120 days of last furnishing of labor or materials. Lawsuit must be filed within the longer of 1 year from the last furnishing of labor or material or 1 year from the final settlement with the contractor.

Get Paid Now!Secure your lien rights and get paid on your terms.At SunRay we are interested in the success of your business, as your success is our success!