Over the past several months, the Lien Blog has spent a good deal of time discussing North Carolina’s recently amended lien laws, with special attention given to the newly created lien agent. As noted by a previous post, a Lien agent is defined by North Carolina statutory law as “A title insurance company or title [...]
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Electronic Filing: A Review of www.LiensNC.com
As we noted in another post, more than 300 counties across the country offer electronic filing of mechanics lien and/or notices. Furthering electronic capabilities, some entire states, such as Iowa, are moving toward housing the entire lien registry online. Recently, North Carolina also implemented an online registry for lien agents through which notice to lien agents [...]
Bankruptcy vs. Mechanics Liens: North Carolina Gets It Right
Last year about this time, I posted a series of articles briefly examining the interplay between mechanics lien law and bankruptcy. Bankruptcy is all too common in the construction industry, as that industry faces some of the highest failure rates in the nation. This means that securing the debt owed for the extension of labor and/or [...]
Lien Law Alert: The Lien Agent – The Most Dramatic Change to North Carolina Lien Law
Despite the handful of relatively recent posts, the changes to North Carolina’s mechanic’s lien and notice law that we have looked at so far have been those contained in the relatively uncontroversial HB 1052. This post will take a look at the much bigger and more radical changes outlined by SB 42 – pushed through [...]
N.C. Bond Claim Revisions Revisited: Double Payment Protection?
Just a few days ago, a new contributor to the Paid Blog authored a review of the recent changes to North Carolina bond claim law, specifically the revisions to N.C. Gen. Stat. § 44A-27. That post did a great job of clearly setting forth the statutory changes and additions, and defining the stated reasons for [...]
North Carolina Mechanics Lien Law: New Bond Claim Protection for General Contractors
If you’re a general contractor on a construction project, you know that one of the most important parts, besides the construction itself, is ensuring that the flow of money from the project owner to subcontractors is as smooth as possible. Additionally, if you have experience on public projects, you likely know that the law requires [...]
Lien Law Alert: New North Carolina Decision Outlines Design Professional Mechanic’s Lien Rights
An interesting article I read recently at nc-construction-law.com highlights a recent decision by the North Carolina Court of Appeals (“court of appeals”). In Ramey Kemp & Associates, Inc. v. Richmond Hills Residential Partners, LLC et al., the NC court took a look at the mechanic’s lien rights of design professionals. The Case The design professional at [...]
North Carolina Mechanics Lien Law: Rethinking New Lien Law Before It Goes Into Effect?
Earlier this week, guest blogger Christopher Hill published an article here titled “Is Messing With Mechanic’s Lien Statutes A Good Thing?” Perhaps the North Carolina legislature and lobbying groups ought to read through that post and take notes, as it looks like they’re considering more changes to the lien laws in addition to the changes still taking [...]
Lien Law Alert: North Carolina Lien Enforcement and Proper Parties
With the recent lien law changes, (that we have discussed in previous posts) the number of proper parties to a North Carolina lien enforcement action is not as many as it used to be. This change to North Carolina lien law structure is interesting for a couple of different reasons – foremost because it is effective [...]
Lien Law Alert: North Carolina and the Bankruptcy “Fix”
The lien blog is currently briefly examining the upcoming changes to North Carolina lien law. Previous installments can be found here, here, and here. This post notes the “new” clarification of when a lien upon funds attaches, for bankruptcy purposes. This revision is interesting because it doesn’t actually revise anything. There has been no real substantive change. North [...]
Lien Law Alert: New Information Required on North Carolina Lien on Real Property
We recently posted about the changes set to occur to North Carolina lien law, and noted that Claims of Lien on Real Property must now be served on the property owner (and general contractor) in addition to the previous requirement of being filed (and both must occur within the same 120 day time period in order for the lien [...]
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