Claiming a Lien Against Construction Funds in North Carolina
In addition to claiming a lien against a real property, contractors can also lien on construction funds regardless of tier. Therefore, a subcontractor has lien rights against any funds that are owed to the party that hired the subcontractor. A lien can be claimed to the extent money is owed to the party occupying the position in the chain above the subcontractor. N.C.G.S. 44A-18.
The subcontractor's right to a lien becomes ripe as soon as labor or materials are first furnished on the job and relates back to the date the contractor or supplier first furnished labor, services, or materials on the project.
The notice of a claim of lien upon funds must set forth all of the following information: (1) the name and address of the person claiming the lien upon funds; (2) a general description of the real property improved; (3) the name and address of the person with whom the lien claimant contracted to improve real property; (4) the name and address of each person against or through whom subrogation rights are claimed; (5) a general description of the contract and the person against whose interest the lien upon funds is claimed; and (6) the amount of the lien upon funds claimed by the lien claimant under the contract. N.C.G.S. 44A-19(a).
The notice must also be served on the obligor (debtor) by personal delivery or in any manner authorized by Rule 4 of the North Carolina Rules of Civil Procedure. N.C.G.S. 44A-19(d). A copy of the notice of claim of lien upon funds shall be attached to any claim of lien on real property filed pursuant to G.S. 44A-20(d). Id.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of a legal professional. Please contact an attorney with questions about claiming a lien on funds, or any other issues related to liens in North Carolina.
Deeds.com North Carolina Claim of Lien Against Construction Funds Forms Have Been Updated as Recently as Friday October 11, 2019
What others like you are saying:
Deborah B. said: EVERYTHING WENT WELL, HAD NO PROBLEMS DOWNLOADING MY FORMS. THE ORDER QUICK AND EASY. THANKS IF I EVER NEED AND OF THESES FORMS AGAIN I WILL BE BACK.
Reply from Staff: Thanks Deborah, we really appreciate your feedback.
James C. said: An excellent resource for users.
Reply from Staff: Thank you!
Robert V. said: Website seems to work great and documents are very clear and easy to review and download, thank you. Regards, Bob
Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Shawn H. said: The site provided exactly what I needed when I needed it.
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!
FEDERICO T. said: It was a little confusing to retrieve the documents. I was waiting for an email, but then I went toyour portal and I saw the messages and the document.
Reply from Staff: Thank you for your feedback Frederico.
Beverly H. said: Thanks!!
Reply from Staff: Thank you!
Select County where the property is located.