North Carolina Lien Waiver Guide
North Carolina accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
120 days from last furnishing labor or materials
Notice Requirements
Subcontractors on non-residential projects must serve a Notice to Lien Agent within 15 days of first furnishing.
Key Statutes
N.C. Gen. Stat. §44A-7 et seq.
Waiver Types in North Carolina
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
North Carolina Lien Waiver Rules
North Carolina does not mandate statutory lien waiver forms. Custom waivers are used. North Carolina's Lien Agent system (for commercial projects) requires subcontractors to serve a notice on the appointed lien agent. Proper waiver documentation tied to verified payments is critical.
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