North Carolina Notice of Claim - Subcontractor 1,2,or 3rd tier - Individual

State:
North Carolina
Control #:
NC-04-09
Format:
Word; 
Rich Text
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About this form

The Notice of Claim - Subcontractor is a legal document required by North Carolina law for first, second, or third tier subcontractors. This form notifies the property owner and principal contractor of a lien claim related to unpaid work or materials. It is essential for protecting the rights of subcontractors in the construction process and differs from other lien forms by specifically catering to individual subcontractors at different levels in the contractual hierarchy.


Key parts of this document

  • Information about the property owner, general contractor, and subcontractors involved.
  • General description of the real property where labor was performed or materials were supplied.
  • Details of the subcontractor's contract, including the parties involved.
  • Amount of the lien claimed based on the contract.
  • Date and signature of the lien claimant to validate the notice.
  • Certificate of delivery confirming the notice was provided to the relevant parties.
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  • Preview Notice of Claim - Subcontractor 1,2,or 3rd tier - Individual
  • Preview Notice of Claim - Subcontractor 1,2,or 3rd tier - Individual

When to use this form

Use this form when you are a first, second, or third tier subcontractor in North Carolina and you have not received payment for your work or materials. It is crucial to submit this notice promptly to establish your lien rights and inform both the property owner and the general contractor of your claim.

Who this form is for

  • Subcontractors who have provided labor or materials for a construction project in North Carolina.
  • Individuals and businesses that have not received payment from the property owner or general contractor.
  • Those looking to protect their right to claim a lien on the property.

Steps to complete this form

  • Identify and fill in the names and addresses of the property owner, general contractor, and relevant subcontractors.
  • Provide a general description of the real property where you performed labor or supplied materials.
  • Detail your contract with information about the parties involved.
  • Specify the total amount of lien claimed based on your contract.
  • Date the form and include your signature, along with your printed name and address.
  • Complete the certificate of delivery, verifying how you delivered the notice to the appropriate parties.

Notarization guidance

Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.

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Common mistakes to avoid

  • Failing to include all parties’ names and addresses accurately.
  • Not providing a detailed description of the property or work performed.
  • Omitting the total lien amount or providing an incorrect figure.
  • Not signing the form before submitting it.
  • Incorrectly completing the certificate of delivery.

Advantages of online completion

  • Quick access to a professionally drafted legal form.
  • Edit and customize the form to meet your specific needs.
  • Reliable templates that comply with North Carolina law.
  • Download and file at your convenience without the need for an attorney present.

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FAQ

Subcontractors Usually Are Not Third Party Beneficiaries of Contracts Between General Contractors and Owners.

If a general contractor refuses to pay his subcontractors, they can make a claim against the payment bond. The surety company will pay out the subcontractors for at least part of their money and take the contractor to court.

Tiers. Subcontractors work at a variety of levels. The primary, or general, contractor works directly with the customer. The primary contractor hires first-tier contractors to perform work on the customer's project. The second-tier contractor is hired by the first-tier contractor to perform specific tasks.

Third tier contractor means a firm that has contracted with a subcontractor to provide services and/or materiel in connection with a public works contract.

Fill out a mechanics lien form that meets NC requirements. North Carolina law sets specific guidelines claimants must meet in order to file a lien. File the lien with the county recorder's office. Serve a copy of the lien on the property owner.

A Third Party should be involved as subcontractor (not as external services) when they are contributing to the development work of the project, when they are responsible for the realisation of specific work packages.

A: The filing fee for an Appointment of Lien Agent is $30 for a 1-2 Family Dwelling and $58 for any Other property type.

First-tier Subcontractor means any Subcontractor that has a contract with the General Contractor.First-tier Subcontractor means a subcontractor who contracts directly with the construction manager at risk.

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North Carolina Notice of Claim - Subcontractor 1,2,or 3rd tier - Individual