Mechanics Lien Filing Package — North Carolina

Mechanics Lien Filing Package (North Carolina)

Quick-Reference Summary

Part A — Pre-Lien Notice (Preliminary Notice / NOI)

A.1 — Notice to Lien Agent — N.C. Gen. Stat. § 44A-11.2

NOTICE TO LIEN AGENT
(Pursuant to N.C. Gen. Stat. § 44A-11.2)

Notice is hereby given to the above-named Lien Agent that:

1. Project / Property: The improvement is located at [PROPERTY STREET ADDRESS, CITY, NC ZIP], County of [____________], legally described as [LEGAL DESCRIPTION]. Tax Parcel: [PARCEL ID].

2. Potential Lien Claimant: [CLAIMANT LEGAL NAME], [ENTITY TYPE], [ADDRESS], telephone [____________], email [____________].

3. Hiring Party: [HIRING PARTY NAME AND ADDRESS] (Claimant is ☐ in direct contract with the Owner ☐ a first-tier subcontractor ☐ a second-tier or lower subcontractor ☐ a supplier).

4. Description: The labor, materials, rental equipment, or professional services being or to be furnished are: [DESCRIPTION].

5. Date of First Furnishing: [__/__/____].

This Notice is given to preserve the undersigned's lien rights under N.C. Gen. Stat. Ch. 44A, Art. 2. The undersigned reserves the right to amend or supplement this Notice as additional information becomes available.

Dated: [__/__/____]

[CLAIMANT LEGAL NAME]
By: _________________________
Name: [PRINT NAME]
Title: [TITLE]

Transmission: ☐ Filed electronically through LiensNC.com on [__/__/____]
☐ Certified mail, RRR, on [__/__/____]
☐ Personal service on [__/__/____]
☐ Facsimile with confirmation on [__/__/____]

A.2 — Notice of Subcontract (Optional; § 44A-23(b))

NOTICE OF SUBCONTRACT
(Pursuant to N.C. Gen. Stat. § 44A-23(b))

To: [OWNER NAME AND ADDRESS]
To: [GENERAL CONTRACTOR NAME AND ADDRESS]

The undersigned, a first-tier subcontractor (or subrogated subcontractor) on the project identified below, gives notice of its subcontract:

• Property: [ADDRESS]
• Subcontractor: [NAME, ADDRESS]
• Hiring Party (GC or upper-tier sub): [NAME, ADDRESS]
• Date of subcontract: [__/__/____]
• General description of labor or materials: [DESCRIPTION]
• Contract price (or estimate): $[AMOUNT]

Served on [__/__/____] by certified mail, RRR.

[CLAIMANT NAME]
By: _________________________
[TITLE]

Part B — Claim of Mechanics Lien

CLAIM OF LIEN ON REAL PROPERTY
(Pursuant to N.C. Gen. Stat. §§ 44A-11, 44A-12)

STATE OF NORTH CAROLINA
COUNTY OF [____________________]

In the General Court of Justice, Superior Court Division, Office of the Clerk of Superior Court

1. Name and address of the person claiming the claim of lien on real property:
   [CLAIMANT LEGAL NAME]
   [CLAIMANT ADDRESS]
   Telephone: [____________]

2. Name and address of the record owner of the real property claimed to be subject to the claim of lien on real property at the time the claim of lien on real property is filed:
   [OWNER NAME]
   [OWNER ADDRESS]

3. Description of the real property upon which the claim of lien on real property is claimed (street address, tax map and parcel ID, and legal description):
   Street address: [PROPERTY STREET ADDRESS, CITY, NC ZIP]
   Tax Parcel: [PARCEL ID]
   Legal description: [LEGAL DESCRIPTION — attach Exhibit A if lengthy]

4. Name and address of the person with whom the claimant contracted for the furnishing of labor or materials:
   [HIRING PARTY NAME]
   [HIRING PARTY ADDRESS]

5. Date upon which labor or materials were first furnished upon said property by the claimant:
   [FIRST FURNISHING DATE]

6. Date upon which labor or materials were last furnished upon said property by the claimant:
   [LAST FURNISHING DATE]

7. General description of the labor performed or materials furnished and the amount claimed therefor:
   [DESCRIPTION OF LABOR/MATERIALS]
   Amount claimed: $[AMOUNT CLAIMED]

Filed this [__] day of [____________], [____].

[CLAIMANT LEGAL NAME]
By: _________________________
Name: [PRINT NAME]
Title: [TITLE]

VERIFICATION

I, [AFFIANT NAME], being first duly sworn, depose and say: that I am the [TITLE] of [CLAIMANT LEGAL NAME], that I am authorized to make this Claim of Lien on Real Property on its behalf, and that the matters set forth above are true to the best of my knowledge, information, and belief.

_________________________
[AFFIANT NAME], [TITLE]

Sworn to and subscribed before me this [__] day of [____________], [____].

_________________________
Notary Public
My commission expires: [__/__/____]
[SEAL]

Part C — Notice of Filing Lien Claim to Owner

SERVICE OF CLAIM OF LIEN ON REAL PROPERTY
(Pursuant to N.C. Gen. Stat. § 44A-11)

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
(and, where required, by service in any other manner provided by Rule 4(j) NCRCP)

To:
[OWNER NAME]
[OWNER ADDRESS]

cc:
[HIRING PARTY NAME AND ADDRESS]
[ANY UPPER-TIER CONTRACTOR(S)]
[CONSTRUCTION LENDER, if known]

Re: Service of Filed Claim of Lien on Real Property
Property: [PROPERTY STREET ADDRESS, CITY, NC ZIP]
Tax Parcel: [PARCEL ID]

Dear [OWNER NAME]:

Please find enclosed a true and correct copy of the Claim of Lien on Real Property filed by the undersigned, [CLAIMANT LEGAL NAME], in the Office of the Clerk of Superior Court of [____________] County, North Carolina, on [__/__/____], File No. [____________]. The claim is in the amount of $[AMOUNT CLAIMED].

This service is made pursuant to N.C. Gen. Stat. § 44A-11. The undersigned reserves all rights and remedies under N.C. Gen. Stat. Ch. 44A.

Very truly yours,

[CLAIMANT LEGAL NAME]
By: _________________________
[PRINT NAME, TITLE]

Enclosure: Filed Claim of Lien on Real Property

AFFIDAVIT OF SERVICE

The undersigned, being duly sworn, states that on [__/__/____], the foregoing was served on the persons listed above by:

☐ Personal delivery
☐ Certified mail, return receipt requested
☐ Other (specify, per NCRCP Rule 4(j)): [________________________________]

_________________________
[NAME OF SERVER]

Sworn to before me this [__] day of [____________], [____].
_________________________
Notary Public

Part D — Suit to Foreclose

STATE OF NORTH CAROLINA
COUNTY OF [____________________]
IN THE GENERAL COURT OF JUSTICE
[SUPERIOR / DISTRICT] COURT DIVISION

File No.: [____________]

COMPLAINT TO ENFORCE CLAIM OF LIEN ON REAL PROPERTY AND FOR BREACH OF CONTRACT

NOW COMES Plaintiff, [CLAIMANT LEGAL NAME], by and through undersigned counsel, and complains of Defendants as follows:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is a [ENTITY TYPE] organized under the laws of [STATE], with its principal office at [ADDRESS].
2. Defendant [OWNER NAME] is the record owner of the real property at issue.
3. Defendant [HIRING PARTY] is the party with whom Plaintiff contracted.
4. The remaining Defendants are joined because they hold or may hold record interests in, or contract-chain interests relating to, the Property.
5. This Court has subject-matter jurisdiction under N.C. Gen. Stat. §§ 7A-240 and 44A-13. Venue is proper in [____________] County because the real property is located here. Personal jurisdiction is proper under N.C. Gen. Stat. § 1-75.4.

FACTS

6. The Property is located at [PROPERTY STREET ADDRESS], Tax Parcel No. [PARCEL ID], legally described in Exhibit A.
7. On or about [DATE], Plaintiff and [HIRING PARTY] entered into a written contract whereby Plaintiff agreed to furnish [SCOPE] for $[CONTRACT AMOUNT] (Exhibit B).
8. Plaintiff substantially performed the contract; first furnishing date: [____]; last furnishing date: [____].
9. After all just credits and offsets, the principal amount of $[AMOUNT CLAIMED] is due and unpaid.
10. Plaintiff timely served Notice to the Lien Agent on [__/__/____] (Exhibit C).
11. On [__/__/____] — within 120 days of last furnishing — Plaintiff filed a Claim of Lien on Real Property with the Clerk of Superior Court of [____________] County, File No. [____], and served it on the Owner on the same date (Exhibits D and E).
12. This action is commenced within 180 days of last furnishing as required by N.C. Gen. Stat. § 44A-13.

FIRST CLAIM FOR RELIEF — ENFORCEMENT OF CLAIM OF LIEN ON REAL PROPERTY

13. Plaintiff incorporates Paragraphs 1–12.
14. Plaintiff holds a perfected, subsisting Claim of Lien on Real Property in the amount of $[AMOUNT CLAIMED] pursuant to N.C. Gen. Stat. §§ 44A-8, 44A-10, 44A-11, and 44A-12.
15. Plaintiff is entitled to a judgment enforcing the lien, fixing its priority as of [FIRST FURNISHING DATE], and ordering judicial sale of the Property.

SECOND CLAIM FOR RELIEF — CLAIM OF LIEN UPON FUNDS / SUBROGATION (if applicable)

16. Plaintiff incorporates Paragraphs 1–12.
17. As a subcontractor, Plaintiff holds a Claim of Lien Upon Funds owed by [UPPER-TIER PARTY] to [HIRING PARTY], and is subrogated, to the extent permitted by N.C. Gen. Stat. § 44A-23, to the rights of [HIRING PARTY] against the Owner and the Property.

THIRD CLAIM FOR RELIEF — BREACH OF CONTRACT (against [HIRING PARTY])

18. Plaintiff incorporates Paragraphs 1–9.
19. [HIRING PARTY] materially breached the contract by failing to pay $[AMOUNT CLAIMED]. Plaintiff is entitled to a money judgment in that amount, plus pre- and post-judgment interest, costs, and attorneys' fees as allowed by law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

A. For enforcement of the Claim of Lien on Real Property against the Property in the amount of $[AMOUNT CLAIMED], plus interest, costs, and attorneys' fees;
B. For a determination of priorities and an order of sale;
C. For judgment in personam against [HIRING PARTY] for breach of contract;
D. For costs and fees as allowed by law;
E. For such other relief as the Court deems just.

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]
By: _________________________
[ATTORNEY NAME], NC State Bar No. [____]
[ADDRESS]
[PHONE] | [EMAIL]
Attorneys for Plaintiff

Exhibits: A — Legal description; B — Contract; C — Notice to Lien Agent and proof; D — Filed Claim of Lien on Real Property; E — Affidavit of Service on Owner.

Part E — Pre-Filing Checklist

Lien Agent / Pre-Lien

☐ Lien Agent identified (building permit, posted notice, LiensNC.com lookup, or certified-mail request to owner).
☐ Notice to Lien Agent served WITHIN 15 DAYS of first furnishing (§ 44A-11.2).
☐ Notice and proof of delivery retained.
☐ If project is exempt (e.g., owner-occupied residential improvement under threshold), exemption documented in file.

Claim of Lien on Real Property content (§ 44A-12)

☐ Claimant name and address.
☐ Record owner name and address as of filing date (current title search).
☐ Property description (street address + tax parcel + legal description).
☐ Hiring party name and address.
☐ First furnishing date.
☐ Last furnishing date (NOT warranty work).
☐ General description of labor or materials.
☐ Amount claimed (after all credits/offsets).
☐ Signed and verified before a notary.

Filing and Service

☐ Filed with Clerk of Superior Court of the county where the property is located within 120 DAYS of last furnishing.
☐ Served on Owner within the SAME 120-day window by certified mail RRR, personal service, or other Rule 4(j) method.
☐ Cross-reference annotation included if Claim of Lien Upon Funds is also being asserted (§ 44A-23 subrogation).
☐ Copies preserved with stamped file copy from Clerk.

Action to Enforce

☐ 180-day suit deadline (from last furnishing) calendared (§ 44A-13).
☐ Recognize that this can be as little as ~60 days after filing the lien.
☐ Confirm whether arbitration is required by contract; if so, commence arbitration within the same window.
☐ Plead BOTH real-property lien and lien-upon-funds where applicable.

Special Considerations

☐ No advance/unconditional waiver in subcontract that would defeat the claim.
☐ Public project status confirmed (lien rights do not attach to publicly owned property — different procedures under Ch. 44A, Art. 3 and the Little Miller Act).
☐ Title-search results retained showing owner of record at filing.

Sources and References

• N.C. Gen. Stat. Ch. 44A — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_44A.html
• § 44A-10 (effective date of lien) — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_44A/GS_44A-10.html
• § 44A-11 (perfecting; service) — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_44A/GS_44A-11.html
• § 44A-11.1 (designation of lien agent) — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_44A/GS_44A-11.1.html
• § 44A-11.2 (notice to lien agent; 15 days) — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_44A/GS_44A-11.2.html
• § 44A-12 (filing claim; 120 days) — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_44A/GS_44A-12.html
• § 44A-13 (action to enforce; 180 days) — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_44A/GS_44A-13.html
• § 44A-19 (notice of lien upon funds) — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_44A/GS_44A-19.html
• § 44A-23 (subrogation) — https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_44A/GS_44A-23.html
• LiensNC (statewide lien-agent portal) — https://www.liensnc.com/
• NCBA YLD, "Claims of Lien Step-by-Step Guide" — https://www.ncbar.org/wp-content/uploads/2021/07/Claims-of-Lien-Step-by-Step-Guide.pdf