North Carolina mechanics lienNotice to Lien Agent and deadlines

How many days do you have to file a mechanics lien in North Carolina?

File the claim of lien in the office of the clerk of superior court in each county where the property sits, any time after the debt is due and no later than 120 days after the claimant last furnished labor or materials at the site. The statutory form must be used and includes a certification that the record owner was served (and the contractor, if the claim is by subrogation). The lien is perfected, dating back to the claimant's first furnishing at the site, only when the claim is both served on the owner and filed. Service is complete on personal delivery or on depositing the copy in the mail, with no proof of receipt needed.¹ G.S. 44A-10; 44A-11(a)-(b); 44A-12(a)-(c)

When is the North Carolina Notice to Lien Agent due?

No pre-lien notice to the owner is required in the usual sense. On projects costing $40,000 or more (other than work on an owner-occupied existing single-family home), the owner must name a lien agent, and a claimant who wants to perfect a lien must have the lien agent receive a Notice to Lien Agent within 15 days after the claimant first furnishes labor or materials. A later notice still protects the lien if it arrives before the property is conveyed to a good-faith purchaser, but the lien then ranks behind any earlier recorded mortgage or deed of trust unless the notice came within 15 days of first furnishing or before that mortgage was recorded. The claimant can ask the owner for the agent's contact details; the owner has 7 days to answer. Second- and third-tier subcontractors working the lien-on-funds route serve a Notice of Claim of Lien upon Funds on the party who owes the money (no fixed deadline appears in 44A-19).¹ G.S. 44A-11.1(a); 44A-11.2(b), (l), (m); 44A-19

How long is a mechanics lien good for in North Carolina?

Sue to enforce the lien no later than 180 days after the claimant last furnished labor or materials at the site. A notice of lis pendens must be filed in each county where the property sits for the sale to pass title ahead of later-recorded interests. A judgment can be entered for no more than the principal amount stated in the claim of lien and directs a sale of the property.¹ G.S. 44A-13(a)-(c)

Who can file a mechanics lien in North Carolina?

Anyone who performs or furnishes labor, professional design or surveying services, materials or rental equipment under a contract with the owner has a claim of lien on the real property. First-tier subcontractors may enforce the contractor's lien by subrogation; second- and third-tier subcontractors may too, but lose that route if the owner or contractor posts and files a notice of contract and the sub does not serve a notice of subcontract. Every sub tier also has a separate lien upon funds owed down the chain.¹ G.S. 44A-8; 44A-18; 44A-23

Does a North Carolina lien claim have to be notarized?

The statutory claim-of-lien form carries a certification of service signed by the lien claimant and a clerk's file stamp; it has no notary or sworn-statement requirement. Notaries appear only on satisfaction of a lien, where the claimant acknowledges payment before the clerk or by signed acknowledged instrument.¹ G.S. 44A-12(c); 44A-16

What about public jobs in North Carolina?

When a public project's construction contracts total more than $300,000 ($500,000 for State agencies and the UNC system), the contracting body requires performance and payment bonds, each for 100% of the contract, from any contractor with a contract above $50,000. A claimant unpaid 90 days after last furnishing may sue on the payment bond. A claimant with no direct contract with the prime (a sub's sub or supplier) must give the contractor written notice within 120 days of last furnishing, and for claims over $20,000 must also have served a notice of public subcontract (only the part over $20,000 needs it). Suit is barred one year after the claimant last furnished labor or materials, or one year after final settlement with the contractor if later. Public property is handled through these bond claims rather than a lien on the real property.² G.S. 44A-26; 44A-27(a)-(b), (e); 44A-28(b)

How do you file a mechanics lien in North Carolina?

1. Notice to Lien Agent: due 15 days after you first furnished labor or materials. G.S. 44A-11.1(a); 44A-11.2(b), (l), (m); 44A-19 Applies on projects of $40,000 or more, other than an owner-occupied existing single-family home, where the owner names a lien agent.
2. File the claim of lien: due 120 days after last furnishing at the site. G.S. 44A-10; 44A-11(a)-(b); 44A-12(a)-(c)
3. Sue to enforce: due 180 days after last furnishing at the site. G.S. 44A-13(a)-(c)

Each line restates the statute cited next to it. Check the statute text before you file.