Construction Act Form 7 In North Carolina

State:
Multi-State
Control #:
US-00102BG
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

The Construction Act Form 7 in North Carolina is a streamlined legal document designed for contractors and subcontractors to assert claims for payment or lien rights on construction projects. This form is essential for ensuring timely communication of outstanding payments and compliance with statutory requirements under North Carolina law. Users must complete the form accurately, detailing the nature of the work performed, the amount due, and the timeline of events leading to the claim. It may be helpful for various stakeholders including attorneys, contractors, owners, and paralegals involved in construction contract disputes. Legal professionals can assist in editing the form to comply with nuances in local construction law, while owners may use it to formally recognize and respond to claims. Additionally, legal assistants benefit from familiarization with this form as part of standard practices in contract management and dispute resolution.
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FAQ

File the lien: A construction lien is typically filed with the county clerk in which the project is located. The paperwork and filing requirements vary by state, but will usually involve listing the work performed, the unpaid amount(s) at issue, as well as attaching copies of contracts and any required notices.

In North Carolina, a lien claimant has 120 days from the date of last furnishing to complete these 3 steps: Fill out a mechanics lien form that meets NC requirements. File the lien with the county recorder's office. Serve a copy of the lien on the property owner.

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

In North Carolina, a lien claimant has 120 days from the date of last furnishing to complete these 3 steps: Fill out a mechanics lien form that meets NC requirements. File the lien with the county recorder's office. Serve a copy of the lien on the property owner.

How to File a Property Lien in North Carolina. The North Carolina county where the judgment is entered automatically establishes a lien on the debtor's property within that county. If the debtor owns property outside the county, the creditor must file it with the county clerk where the property is situated.

North Carolina Lien Deadlines General Contractors: Issue the preliminary Notice to Lien Agent within 15 days from the first provision of labor or materials. The Mechanics Lien must be served no longer than 120 days after the last provision of labor or materials and enforced within 180 days of this date.

Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this ...

North Carolina does not provide or require statutory forms for lien waivers. For a lien waiver to be valid in North Carolina, it must be done by express agreement clearly stating intent to waive lien rights. Lien waivers will fall under two categories: progress payments and final payments.

North Carolina Lien Deadlines General Contractors: Issue the preliminary Notice to Lien Agent within 15 days from the first provision of labor or materials. The Mechanics Lien must be served no longer than 120 days after the last provision of labor or materials and enforced within 180 days of this date.

If the lien holder provides a lien release letter, does it need to be notarized? No, but needs to be completed fully –printed name, signature, title, and date.

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Construction Act Form 7 In North Carolina