North Carolina Lien Laws

In the state of North Carolina, builders and contractors need to protect their interests and rights to lien on a given property in the event of non-payment for services and materials rendered. Following the explicitly outline procedures to obtain lien rights in the North Carolina lien law statutes is essential to ensure right to claim on liens. Below is a brief outline of the process and specific timelines for notifications, filings, and actions for prime contractors, sub contractors, and materials suppliers.

Primary Contractors in North Carolina

In North Carolina, primary contractors that want to secure their lien rights are not required to file lien notice to protect their rights explicitly, however, a notice of contract must be filed with clerk of superior court no later than thirty (30) days after receipt of building permit. In order to make claims on liens of real property, primary contractors need to file claim of lien no less than one hundred and twenty (120) days after last day supplying labor or materials. Actions to enforce lien claims have to begin before one hundred and eighty (180) days have lapsed since last day on job site.

Sub Contractors in North Carolina

Notice of contract must be filed with owner and county by primary contractor first, and following this, the sub contractors must file a notice of sub contract with the owner and clerk of the superior court.

In order to make a claim on lien, notice must be given by sub contractor to the owner. In North Carolina lien statutes, there is no statute of limitation on doing this. Liens on real property require claims to be filed within one hundred and twenty (120) days. However, action to enforce lien claims must occur no later than one hundred and eighty (180) days after last day on worksite.

Materials Suppliers in North Carolina

Notice of contract must be filed by prime contractors before materials supplier can file a notice of subcontractor with the clerk of the superior court and the project owner. In this manner, materials suppliers are treated as another form of sub contractor and thus, must adhere to the same claim and actions to enforce rules as the aforementioned sub contractors, including:

  • Notice of lien filed with owner by any given time date
  • File claim of lien against owner within one hundred and twenty (120) days
  • Action to enforce lien occurring within one hundred and eighty (180) days

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