Friday, August 24, 2012

North Carolina Changes to Mechanics Lien Law Requires New Forms of Service

In North Carolina, beginning January 1, 2013, all claims of lien on real property must be served on the owner, and a claim of lien on real property asserted by a subcontractor or supplier by subrogation must be served upon the contractor as well as the owner. Prior law allowed a North Carolina claim of lien to be filed but not served. Beginning in January, a claim of lien on real property will not be perfected until it is both filed and served. Therefore, service and filing of the claim of a lien on real property must occur no later than 120 days from the last furnishing of labor or materials to the project by any person claiming the lien.

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