North Carolina Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


The North Carolina Construction or Mechanics Lien Questionnaire is a comprehensive document designed to gather relevant information related to construction or mechanics lien claims in the state of North Carolina. This questionnaire plays a crucial role in helping construction professionals, contractors, subcontractors, and suppliers understand and navigate the lien filing process. This detailed questionnaire serves as a roadmap for anyone looking to file a construction or mechanics lien claim in North Carolina. It covers essential sections such as identifying the parties involved, project details, work performed, payment terms, and potential legal disputes. By collecting accurate and comprehensive information, the North Carolina Construction or Mechanics Lien Questionnaire ensures that all necessary details are provided to initiate and support a lien claim. The questionnaire typically includes the following key sections: 1. Project Information: This section gathers information about the specific project, such as the property owner's name, address, and contact details, along with the project location and legal description. 2. Claimant Information: Here, the questionnaire captures details about the party filing the lien, including their company name, address, and contact information. 3. General Contractor Information: If the lien claimant is a subcontractor or supplier, this section collects information about the general contractor, including their name, address, and contact details. 4. Scope of Work: This section requires a detailed description of the work performed or the materials supplied, including dates, quantities, and specifications. 5. Payment Terms: The questionnaire seeks information about the agreed-upon payment terms and conditions, including the date of the last payment received and any outstanding amounts. 6. Legal Description of Property: This section requires accurate information about the property subject to the construction or mechanics lien, including the address, parcel number, and any relevant legal descriptions. 7. Notices and Timelines: The questionnaire may include questions regarding the notice requirements, such as whether preliminary notices were sent and received. Different variations or types of the North Carolina Construction or Mechanics Lien Questionnaire may exist to serve specific industries or parties involved. For example, subcontractors, material suppliers, and general contractors may have slightly different versions of the questionnaire tailored to their unique needs. However, the overall purpose of these questionnaires remains the same — gathering comprehensive information for the successful filing and enforcement of a construction or mechanics lien claim in North Carolina.

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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.

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.

The time limit for filing a lien is dictated by the state where the work was done. Most states have a 90 day filing deadline, while North Carolina's is 120 days, measured from the last substantial furnishing of labor and/or materials on the property.

North Carolina Lien Agents General Statute 44A-11.1 requires a lien agent to be appointed by an owner on projects that are valued at $30,000 or more. If you are unsure of who the lien agent is on your project, you can either request this information from the owner or review the building permit.

The claim of lien on real property must be filed within 120 days from the date when labor or materials were last furnished to the project. The claim of lien must comply with the form that is set forth in NCGS 44A-12, which includes a certification that the lien has been served on all necessary parties.

Finally, in North Carolina, a lien on real property must also be perfected by filing a lawsuit in the county where the property upon which work was performed is located. The lawsuit must be filed within 180 days from the date of last substantial furnishing of labor and/or materials on the property.

In North Carolina, a mechanics lien must be filed after the debt becomes due, but within 120 days from the date of last furnishing labor or materials to the project.

Types of Liens in North Carolina The three most common types of liens are tax, mechanic, and judgement. Each one has specific guidelines to follow in order to file and enforce the lien.

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North Carolina Construction or Mechanics Lien Questionnaire