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North Carolina Notice of Subcontract

After a Notice of Contract has been filed and posted, second or third tier subcontractors may preserve their lien rights by serving a completed and signed Notice of Subcontract form on the contractor by certified mail or personal service. If the Notice is not filed and served, that second or third tier subcontractor will be barred from filing a claim of lien against the owner's real property. N.C.G.S. 44A-23.

The Notice of Subcontract contains: (1) the name and address of the subcontractor; (2) a general description of the real property on which the labor was performed or the material was furnished (such as street address, tax map lot and block number, reference to recorded instrument, or any description that reasonably identifies the real property); (3) a general description of the subcontractor's contract, including the names of the parties; and (4) a general description of the labor and material performed and furnished. N.C.G.S. 44A-23(b)(3).

Filing the Notice of Subcontract requires the contractor to send notice to second and third tier subcontractors within five days of paying a subcontractor on the project. Id. The purpose of this notification is to provide notice that money is being exchanged between the parties.

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 sending a Notice of Subcontract, or any other issues related to liens in North Carolina.

Deeds.com North Carolina Notice of Subcontract Forms Have Been Updated as Recently as Monday March 18, 2019

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A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

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DAVID JOHN M. said: The Transfer On Death Deed did work for New Mexico! Though I did have to add the long property description to the "Exhibit" page that was included with the document. Great website! Will use again! Thanks!!!

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North Carolina Notice of Subcontract Form