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“Should I sign this lien waiver?” This question is raised by construction professionals often, and the answer depends on numerous factors. There are several basic types of lien waivers: conditional partial, unconditional partial, conditional final, and unconditional final.

The mechanics lien is not perfected until the lien is both filed and served on the owner (and, if required, the general contractor). This means that the lien must be both filed and served prior to the expiration of 120 days from last furnishing labor and/or materials to the project.

A conditional lien waiver lists the amount owed during the period, and is effective upon actual receipt of payment. An unconditional lien waiver lists the amount already paid through the waiver's date and is effective immediately upon signing.

When you have the correct template for the conditional progress payment waiver, simply fill in the required information: Name of Claimant. Write your full business name. Name of Customer. Write the full name of the party who hired you. Job Location. Owner. Through Date. Maker of Check. Amount of Check $ ... Check Payable to.

A partial lien waiver offers peace of mind. It ensures that a mechanics lien can't be filed against the property for the amount the owner has paid out. It is an acknowledgment of the payment. However, the contractor retains the right to file a lien against the property based on any unpaid portion of the final bill.

A perfected lien is a binding document that has been filed with the appropriate agency allowing for a legal claim to seize assets if a payor defaults. Commonly, a perfected lien is enacted for the purpose of legally securing collateral for a creditor in a secured loan.

N.C. Gen. Stat. § 44A-13 ? Lawsuit to enforce Claim of Lien on Property; required to be brought within 180 days of last furnishing.

A lawsuit to enforce a claim of lien on real property must be filed within 180 days from the date when labor or materials were last furnished to the project.

North Carolina Notice of Lien Agents North Carolina created its lien agent process in 2013 to deal with the hidden lien problem. In North Carolina, a contractor or subcontractor has 120-days from the last date of furnishing of labor or materials to file and serve a claim of lien on the real property.