This Conditional Waiver and Release of Lien Upon Progress Payment form is for use by a lienor in consideration of a certain sum of money to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a specific date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Progress Payment is conditioned upon the lienor receiving collected funds for the work described, and should such funds not be received within a certain number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void.
Charlotte North Carolina Conditional Waiver and Release of Lien Upon Progress Payment
Category:
State:
North Carolina
City:
Charlotte
Control #:
NC-10-09
Format:
Word;
Rich Text
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How to fill out North Carolina Conditional Waiver And Release Of Lien Upon Progress Payment?
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FAQ
No, North Carolina does not require or provide statutory forms for lien waivers. Because the form and content of lien waivers aren't regulated under North Carolina Mechanics Lien laws, careful attention should be given to the actual terms of the waiver to ensure you're not waiving more than intended.
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.
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.
As mentioned, lien agents keep owners in the loop on who is working on their projects. Subcontractors and material suppliers who are further down the construction totem pole now have a clear understanding of whom to send a preliminary notice to.
A contractor's lien is a common law right which entitles a contractor to remain in possession of the property of his employer as security for payment in respect of work performed on such property. An employer in a construction context will often require that the contractor waives its lien.
Where: A Claim of Lien on Real Property must be filed in the county where the property is located. Dated and signed by either the lien claimant or its agent, or the lien claimant's attorney. A Claim of Lien does not need to be notarized.
In North Carolina, the claiming party has 120 days from the last date of furnishing to file the lien. N.C. Gen. Stat. § 44A-12(b).
Notarization Not Required Lien waivers in South Carolina do not need to be notarized in order to be effective, they must merely be in writing.