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NORTH CAROLINA Stop Notice and Lien combined for Subcontractors

A change was made today in PreLien2Lien for NORTH CAROLINA that affects Subcontractors. Since they should be delivered jointly, the Claim of Lien On Real Property (Subcontractor) that is recorded is now combined with a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/ Supplier (in essence, a Stop Notice of money from the funds source to the General Contractor.

Subcontractors (Private Projects): NORTH CAROLINA General Statutes §§ 44A-20(d), 44A-23 mandates that a Claim of Lien On Real Property (Subcontractor) be filed within one hundred twenty (120) days of last providing labor or materials for a project. It must be filed with the Clerk of the Superior Court in the county where the project is located. The Claim of Lien On Real Property must then be enforced through a lawsuit within one hundred eighty (180) days of last providing labor or material for a project.

Delivered jointly with a recorded Claim of Lien On Real Property (Subcontractor) is a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/Supplier. NORTH CAROLINA General Statutes § 44A-19(b) mandates that it be sent to the property owner and any other legal parties on the project (General/Prime Contractor, Lender, Customer. It does not need to be filed with the Clerk of the Superior Court in the county where the project is located. There is no time limit to enforce through a lawsuit a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/Supplier. The Owner or party owning the money for the project has an obligation to withhold payment to the General/Prime Contractor until the Lien Claimant’s payment is satisfied.

NORTH CAROLINA gets new notices, custom template technology (CTT)

I have had the pleasure of playing some beautiful golf courses in the US. One I enjoyed immensely that won’t make any Top 100 lists but is a high quality course nonetheless is the Duke Golf Club, on the campus of DUKE UNIVERSITY in Durham, NC. My visits to Charlotte, Raleigh and the pine forrested mountain areas motivates me to return and see more of the state.

Twenty-six (26) NORTH CAROLINA templates were updated by myself recently for PreLien2Lien. The mandatory 1st notices begin with a General/Prime Contractor filing a Notice Of Contract. NORTH CAROLINA General Statutes § 44A-23 mandate that a Prime/General Contractor can file a Notice of Contract to protect themselves from liens filed by second and third tier subcontractors. To protect their lien rights, Subcontractors needs to file a Notice of Subcontract when the Prime/General Contractor files a Notice of Contract, according to NORTH CAROLINA General Statutes § 44A-23.

NORTH CAROLINA General Statutes § 44A-7 mandates that a Claim of Lien On Real Property (Contractor) be filed within one hundred twenty (120) days of last providing labor or materials for a project. It must be filed with the Clerk of the Superior Court in the county where the project is located. The Claim of Lien On Real Property must then be enforced through a lawsuit within one hundred eighty (180) days of last providing labor or material for a project.

General/Prime/Contractors (Private Projects): NORTH CAROLINA General Statutes § 44A-7 mandates that a Claim of Lien On Real Property (Contractor) be filed within one hundred twenty (120) days of last providing labor or materials for a project. It must be filed with the Clerk of the Superior Court in the county where the project is located. The Claim of Lien On Real Property must then be enforced through a lawsuit within one hundred eighty (180) days of last providing labor or material for a project.

Subcontractors (Private Projects): NORTH CAROLINA General Statutes §§ 44A-20(d), 44A-23 mandates that a Claim of Lien On Real Property (Subcontractor) be filed within one hundred twenty (120) days of last providing labor or materials for a project. It must be filed with the Clerk of the Superior Court in the county where the project is located. The Claim of Lien On Real Property must then be enforced through a lawsuit within one hundred eighty (180) days of last providing labor or material for a project. Delivered jointly with a recorded Claim of Lien On Real Property (Subcontractor) is a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/Supplier. NORTH CAROLINA General Statutes § 44A-19(b) mandates that it be sent to the property owner and any other legal parties on the project (General/Prime Contractor, Lender, Customer. It does not need to be filed with the Clerk of the Superior Court in the county where the project is located. There is no time limit to enforce through a lawsuit a Notice Of Claim of Lien By First, Second Or Third Tier Subcontractor/Supplier. The Owner or party owning the money for the project has an obligation to withhold payment to the General/Prime Contractor until the Lien Claimant’s payment is satisfied.

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