Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. assume any liability or responsibility
for its content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Document Title: Notice of Contract
Scope: State of North Carolina, Private Work.
Time Constraints: This notice is used only by
the primary contractors to establish lien rights. File with
the county and send copies by certified mail or personal service
as soon as your contract is signed or confirmed.
Information Requirements: The information required
by the program.
Form Types: Notice of Contractor, property and
service description, and exhibits if any.
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. File
with the county recorder’s office in the county where the property
is located. Copies of all of the attested (filed) forms should
be sent to the owner by certified mail.
North Carolina
Preliminary Notice-Private Work
Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. assume any liability or responsibility
for its content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Document Title: Notice of Subcontract
Scope: State of North Carolina, Private Work.
Time Constraints: This notice is used by second
-tier or third tier subcontractors to establish lien rights,
and by more remote tiers to establish fund claims. First tier
subcontractors are not required to serve this notice. Even with
the serving of the form these higher tier subcontractors can
still lose some lien rights, in particular the subrogation of
the General Contractor’s lien rights (making their rights come
ahead of the General Contractor even if the first tier subcontractor
has been paid) if the General Contractor, within 30 days following
the date the building permit is issued for the improvement of
the real property, has filed a Notice of Contract with the clerk
of the Superior Court and posted a copy of same at the building
site.
However, the law also provides that if a Notice
of Subcontract is served upon the General Contractor he obligated
to notify, by certified mail or personal service, each subcontractor
within five days of paying the first tier subcontractor a substantial
payment – a good case for joint check agreements. But, the fact
remains that if the Notice of Contract is filed and posted,
and if the General Contractor properly notifies the second and
third tier subcontractors of payments to the first tier subcontractor,
the subrogation rights are lost. This leaves the second and
third tier contractors with only the right to lien monies not
yet paid to their first tier subcontractor.
Tiers greater than the third have lien rights
only to the amounts not yet paid the contractors in the prior
tiers if the first tier subcontractor has not been paid in full.
The program will print a Notice of Claim of Lien Upon Funds
By Subcontractors/Supplier More Remote Than The Third Tier,
but a lien claim will not print. However, the owner or general
contractor have legal liability to the lower contractors if
the Notice of Lien Upon Funds By Subcontractors/Supplier More
Remote Than The Third Tier, so it is still worth sending.
If you are a second, third or greater tier subcontractor,
serve the Notice of Subcontract on the General Contractor and
Owner by certified mail or personal service as soon as your
contract is signed or confirmed. If the General Contractor has
filed a Notice of Contract, you are required by law to serve
the General Contractor with the Notice of Subcontract, or lose
your lien rights altogether.
Information Requirements: The information required
by the program.
Form Types: Notice of Subcontract, property and
service description, if any.
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. Copies
of all of the forms should be sent to the general contractor
by certified mail.
