Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in North Carolina
North Carolina
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Under North Carolina law, property owners must appoint a lien agent for construction projects costing $30,000 or more, excluding improvements to existing single-family residences occupied by the owner or public building projects. Contractors, subcontractors, and suppliers are required to file a Notice to Lien Agent within 15 days of first furnishing labor or materials to protect their lien rights.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
North Carolina Quick Overview
| Pursuant Code | N.C. Gen. Stat. §§ 44A-7 et seq. | |
| State Portal | https://www.liensnc.com/ | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| NC Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely Yes | |
| Prelien Document Name(s) | Notice of Contract, Notice of Subcontract, Notice to Lien Agent | |
| Prelien Minimum Information | Claimant's name, address, telephone number; name of the party with whom the lienor contracted; property description; disclosure of lien rights | |
| Prelien Minimum Notifications | Lien Agent | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in North Carolina by Role
Notice to Lien Agent is critical to preserve lien rights and must be served early in the project. Prime contractors should also file a Notice of Contract to limit lower-tier claims.
Mechanic's Liens in North Carolina
In North Carolina, a claimant must provide a Notice to the Owner's designated Lien Agent within 15 days after first furnishing labor or materials. To perfect a mechanic's lien on private projects, a Claim of Lien on Real Property must be filed within 120 days after the claimant's last furnishing and enforced by a lawsuit filed within 180 days after last furnishing. Special rules apply for asserting lien rights against funds owed on the project, which may not require filing in the real property records.
Bond Claims in North Carolina
For public projects in North Carolina, claimants may assert a claim against the project payment bond. A claimant must serve a Notice of Public Subcontract to the prime contractor within 75 days of first furnishing labor or materials if not in direct contract with the prime contractor. A lawsuit on the bond claim must generally be initiated within one year from last furnishing.
Construction Lien Waivers in North Carolina
Required Format: North Carolina does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: North Carolina does not require waivers to be notarized.
North Carolina does not mandate statutory lien waivers. Waivers are typically executed contractually and must not waive lien rights in advance of performing work.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in North Carolina counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in North Carolina
Frequently Asked Questions (FAQs) on North Carolina Lien Processes for Contractors
Do I need to send a preliminary notice to secure lien rights in North Carolina?
Yes, a Notice to Lien Agent must be sent within 15 days after first furnishing labor or materials to the project.
What is the deadline to file a Claim of Lien on real property in North Carolina?
The Claim of Lien must be filed within 120 days after the last furnishing of labor or materials.
How long do I have to enforce my lien rights after filing a Claim of Lien in North Carolina?
An action to enforce the lien must be filed within 180 days after the last furnishing of labor or materials.
Is there a portal that must be used for preliminary notices in North Carolina?
Yes, preliminary notices (Notice to Lien Agent) must be filed through the LiensNC portal at https://www.liensnc.com.
Do subcontractors or suppliers have additional notice requirements in North Carolina?
Yes, if a prime contractor has filed a Notice of Contract, subcontractors and suppliers must file a Notice of Subcontract to preserve lien rights.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
