Recently a broad purpose Subcontractor from FLORIDA signed a contract with another FLORIDA based General Contractor for framing, siding and drywall services at a newly built appartment complex in Charlotte. Our customer in turn subcontracted much of the work out to local Mecklenburg County based companies. The business relationship between the General and the Subcontractor went sour. The General then thought they could do an end around and hire the sub-subs directly, even though everyone had signed a contract not to do so. The Subcontractor asked our TRADITION NOTICE SERVICES division to record a NORTH CAROLINA Claim Of Lien On Real Property on their behalf.
NORTH CAROLINA requires that a Claim Of Lien On Real Property be recorded in the county where the project is located with the Clerk Of Superior Court within one hundred twenty (120) days of last providing labor or materials for a project.
Additionally, you can record and send to the Owner a Notice Of Claim Of Lien Upon Funds By First, Second or Third Tier Subcontractor/Supplier. The Owner or party oweing the money for the project has an obligation to withhold payment to the General/Prime Contractor until the lien claimant’s payment is satisfied.
In Mecklenburg County, the Clerk Of Superior Court (Martha Curran) mandates that NORTH CAROLINA Claim Of Lien On Real Property must include the street address of the property. It is also helpful to include Parcel Number (PIN), Book/Page or as much identifying information as possible.
Checks must be payable to “CLERK OF SUPERIOR COURT”. They accept out-of-state business checks. Cost to record a exremenly low. $6.00 for the first page, $0.25 each additional page of 8-1/2″ x 11″ or 8-1/2″ x 14″ paper.
Turn around times for recording are extremely fast. Just 1-2 business days for recording, and 1-2 days after recordation the document(s) will be mailed back.
Be sure to send two (2) copies of the notice and a self-addressed stamped envelope. They will keep one copy & return the other one with attached recording information. Recorded Lien Information is not viewable on their website. Clerk’s Office does not send copies to the debtor/s.