Notice to Lien Agent - North Carolina

NOTICE TO LIEN AGENT

N.C. Gen. Stat. § 44A-11.2

1. PROJECT CHECK

Section 44A-11.1 generally requires a lien agent for covered improvements costing $40,000 or more, but excludes improvements to an existing owner-occupied single-family dwelling and an incidental accessory building or structure described by the statute.

☐ Project is subject to lien-agent designation

☐ Project is exempt — stop and evaluate other Chapter 44A notices

Lien-agent contact information should appear on the posted permit or site sign. An owner receiving a proper written request must provide it within seven days, subject to § 44A-11.2.

2. NOTICE

To Lien Agent:

[NAME]

[PHYSICAL / MAILING ADDRESS]

[EMAIL / FAX / APPROVED WEBSITE]

Potential Lien Claimant:

• Name: [NAME]
• Address: [ADDRESS]
• Telephone: [NUMBER]
• Fax, if available: [NUMBER]
• Email, if available: [ADDRESS]
• Person who contracted with Claimant: [NAME / ADDRESS]
• General description of labor, materials, rental equipment, or professional design or surveying services: [DESCRIPTION]
• Property reasonably identified as: [ADDRESS / TAX MAP / RECORDED INSTRUMENT]
• First furnishing date, if any: [DATE]

I give notice of my right subsequently to pursue a claim of lien for improvements to the real property described in this notice.

Dated: [DATE]

Signature: _______________________________

Potential Lien Claimant

3. DELIVERY AND PROOF

Section 44A-11.2(f) permits:

☐ Certified mail, return receipt requested

☐ USPS signature confirmation

☐ Physical delivery with receipt

☐ Facsimile with confirmation

☐ Authorized designated delivery service

☐ Email with delivery receipt

☐ Lien agent's approved website with delivery receipt

• Transmission date: [DATE]
• Delivery receipt / confirmation: [DETAILS]
• Date lien agent received notice: [DATE]

Timing: Arrange for the lien agent to receive this notice no later than 15 days after first furnishing of labor or materials (§ 44A-11.2(l)(1)). If that window is missed, subsection (l)(2) may still preserve the ability to perfect a real-property lien when notice reaches the lien agent before a protected buyer's conveyance is recorded, or the lien itself is perfected before that recording. Under subsection (m), a late notice can also affect priority against a recorded mortgage or deed of trust; receipt before that recording or earlier lien perfection may avoid subordination. Subsection (n) addresses unavailable or erroneous lien-agent information. Compare the delivery receipt, first furnishing date, and any recorded conveyance or mortgage before relying on a late notice.

4. SEPARATE-NOTICE WARNING

The lien agent is not the owner's agent for receiving a Claim of Lien on Real Property, Notice of Claim of Lien upon Funds, or Notice of Subcontract. Prepare and serve those documents separately when applicable.

5. SOURCES

• N.C. Gen. Stat. § 44A-11.1: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_44A/GS_44A-11.1.pdf
• N.C. Gen. Stat. § 44A-11.2: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_44A/GS_44A-11.2.pdf