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North Carolina Owner/Borrower/Contractor Affidavit and Indemnification Agreement

Category:
State:
North Carolina
Control #:
NC-S013ST
Format:
Word; 
Rich Text
Instant download

Description

This indemnity agreement is a contract between the owner, borrower and contractor that protects one party of a transaction from the risks or liabilities created by the other party of the transaction.

The North Carolina Owner/Borrower/Contractor Affidavit and Indemnification Agreement is a legal document that is used to protect the interests of all parties involved in a construction project. This agreement is used to ensure that all parties involved in a construction project are aware of the liabilities they may incur and take responsibility for their actions. The agreement is typically signed by the owner/borrower and the contractor, and states that the contractor will indemnify the owner/borrower for any type of damages or losses resulting from the contractor’s performance. The agreement also outlines the contractor’s obligations and the owner/borrowerriftinghtin regard toto the construction project. The North Carolina Owner/Borrower/Contractor Affidavit and Indemnification Agreement is typically used in residential construction projects, such as building a home or a commercial building. There are two different types of North Carolina Owner/Borrower/Contractor Affidavit and Indemnification Agreement; the first is a standard agreement and the second is a custom agreement. The standard agreement is a generic form that is used in most cases, while the custom agreement is tailored to the specific needs of the owner/borrower and the contractor.

Definition and meaning

The North Carolina Owner/Borrower/Contractor Affidavit and Indemnification Agreement is a legal document that serves multiple purposes. It acts as a sworn statement made by the owner, borrower, or contractor involved in real property transactions. This agreement ensures that all parties involved acknowledge their responsibilities and legal implications concerning improvements made to a property.

Key terms defined in the agreement include:

  • Owner: The record owner of the property.
  • Buyer-Borrower: The individual or entity acquiring a loan with the intent to purchase.
  • Contractor: A party providing labor or materials for property improvements.

How to complete the form

Completing the North Carolina Owner/Borrower/Contractor Affidavit and Indemnification Agreement requires careful attention to detail. Follow these steps:

  1. Identify all parties involved: List the owner, borrower, and contractor, including their marital status if applicable.
  2. Provide the property description: Include the street address or a brief description of the property in the designated section.
  3. Certify ownership and contractor identification: Ensure that the owner certifies who the contractors are, especially those involved within the last 120-day lien period.
  4. Select the appropriate construction statement: Indicate whether any recent construction, contemplated construction, or minor repairs have occurred.
  5. Sign and notarize the agreement: All parties must sign the document and have it notarized to ensure its legal standing.

Who should use this form

This affidavit and indemnification agreement is primarily used by individuals or entities involved in real estate transactions in North Carolina. It is essential for:

  • Property Owners: Those looking to provide verification of improvements made on their property.
  • Buyers and Borrowers: Individuals seeking loans secured by the property.
  • Contractors: Contractors outlining their responsibilities and claims regarding payment for their services.

It is advisable for all parties to utilize this form to minimize legal risks associated with liens or disputes over property improvements.

Key components of the form

The North Carolina Owner/Borrower/Contractor Affidavit and Indemnification Agreement comprises several critical components:

  • Parties Involved: Clear identification of the owner, buyer-borrower, and contractor.
  • Property Description: A detailed description of the property subject to the agreement.
  • Ownership Certification: An assertion confirming the owner’s status as the rightful holder of property title.
  • Construction Clauses: Sections addressing the nature of any construction or improvements made.
  • Indemnification Clause: A commitment from all parties to indemnify each other against potential legal claims.

Understanding these components is crucial for completing the form correctly and avoiding disputes.

Common mistakes to avoid when using this form

While completing the North Carolina Owner/Borrower/Contractor Affidavit and Indemnification Agreement, consider these common pitfalls:

  • Incomplete party identification: Ensure all relevant individuals and businesses are listed in the party section.
  • Omitting property description: A vague or missing property description can lead to confusion.
  • Mismatched signatures: All parties must sign in the relevant sections, with accurate titles and affiliations.
  • Failing to notarize: A lack of notarization can render the document legally ineffective.

By avoiding these mistakes, users can uphold the integrity of the agreement and protect themselves legally.

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North Carolina Owner/Borrower/Contractor Affidavit and Indemnification Agreement