Fill and Sign the North Carolina Construction or Mechanics Lien Package Individual North Carolina Form

© 2016 - U.S. Legal Forms, Inc. NORTH CAROLINA CONSTRUCTION or MECHANICS LIEN FORMS PACKAGE CONTRACTOR EDITION (sole proprietor) Control Number: NC-P091-PKG U.S. Legal Forms™ thanks you for your purchase of a Construction Lien Forms Package. This package is an important tool to help you with the legal issues that may arise between a contractor who performs services and/or supplies materials or equipment to a property but is not paid for the services/materials/equipment. This package includes state specific forms for a contractor operating as a sole proprietor or individual. TABLE OF CONTENTS I. Form List with descriptions II. Descriptions of Forms III. Tips on Completing the Forms IV. Disclaimer I. FORM LIST With your Construction Lien Package, you will find many of the forms that are necessary to protect your legal rights or claims to secure and enforce a lien on property for unpaid services and/or materials or equipment. Included in your package are the following forms: 1. Claim of Lien 2. Acknowledgment of Satisfaction 3. Instrument of Satisfaction 4. Notice of Claim - Subcontractor 1, 2, or 3rd Tier 5. Notice of Claim - More Remote than 3rd Tier 6. Notice of Contract 7. Notice of Subcontract 8. Request that Contracting Body Provide Copy of Payment Bond and Contract Covered by Bond 9. Notice of Assignment 10. Conditional Waiver and Release of Lien Upon Progress Payment 11. Unconditional Waiver and Release of Lien Upon Progress Payment 12. Conditional Waiver and Release of Lien Upon Final Payment 13. Unconditional Waiver and Release of Lien Upon Final Payment 14. Assignment of Claim of Lien on Real Property II. DESCRIPTIONS OF FORMS Brief descriptions of the forms contained in your U.S. Legal Forms™ Construction Lien Package are found below. Claim of Lien - Any party seeking to claim a lien against real property must file a Claim of Lien form in the office of the clerk of the superior court in each county wherein the real property subject to the claim of lien is located, no later than one hundred and twenty (120) days after the last furnishing of labor or materials. Acknowledgment of Satisfaction - North Carolina statutes set out several methods with which a lien may be discharged. One of these methods allows a lien claimant to sign and acknowledge the satisfaction of the lien in the presence of a clerk of the superior court. Instrument of Satisfaction - North Carolina law permits a property owner to file an instrument of satisfaction acknowledging the satisfaction of a lien. The instrument must have been signed by the lien claimant of record. Notice of Claim - Subcontractor 1, 2, or 3rd Tier - North Carolina law requires a first, second or third tier subcontractor to provide notice of a lien claim to the property owner and principal contractor through this form. Notice of Claim - More Remote than 3rd Tier - Subcontractors more than three tiers removed from the contractor are required to use this form to claim a lien in North Carolina. Notice of Contract - A second or third tier subcontractor is barred from enforcing a lien when a contractor, within thirty (30) days following the date the building permit is issued, posts on the property and files in the office of the Clerk of the Superior Court a completed and signed Notice of Contract form. Notice of Subcontract - A second or third tier subcontractor is barred from enforcing a lien when a contractor, within thirty (30) days following the date the building permit is issued, posts on the property and files in the office of the Clerk of the Superior Court a completed and signed Notice of Contract form. Request that Contracting Body Provide Copy of Payment Bond and Contract Covered by Bond - This Request that Contracting Body Provide Copy of Payment Bond and Contract Covered by Bond form is for use by an individual entitled to bring an action or a defendant in an action on a payment bond to request that the contracting body, certify and furnish a copy of the payment bond and of the construction contract covered by the bond within ten days' notice of this request. Notice of Assignment - This Notice of Assignment is for use as an individual lien claimant to provide notice to an owner that he or she assigned his or her claim and lien which was recorded on a certain date for labor, materials, or laborers furnished for the purpose of improvements of real property to a specified individual. Conditional Waiver and Release of Lien Upon Progress Payment - This Conditional Waiver and Release of Lien Upon Progress Payment form is for use by a lienor in consideration of a certain sum of money to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a specific date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Progress Payment is conditioned upon the lienor receiving collected funds for the work described, and should such funds not be received within a certain number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void. Unconditional Waiver and Release of Lien Upon Progress Payment - This Unconditional Waiver and Release of Lien Upon Progress Payment form is for use by a lienor, in consideration of a certain sum of money to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a specific date to a customer on the job of an owner of property. Conditional Waiver and Release of Lien Upon Final Payment - This Conditional Waiver and Release of Lien Upon Final Payment form is for use by a lienor, in consideration of final payment to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a certain date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Final Payment is conditioned upon the lienor receiving collected funds for the work described, and if such funds are not received within a specific number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void. Unconditional Waiver and Release of Lien Upon Final Payment - This Unconditional Waiver and Release of Lien Upon Final Payment is for use by a lienor, in consideration of final payment to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a specific date to a customer on the job of an owner of property. Assignment of Claim of Lien on Real Property - This Assignment of Claim of Lien on Real Property form is for use by an individual party who has provided labor or materials for the improvement of property to assign his or her lien and to provide the date the lien claimant filed a Notice of Claim of Lien regarding the property and the amount of the lien. If you need additional information, please visit www.uslegalforms.com and look up forms by subject matter. You may also wish to visit our legal definitions page at http://definitions.uslegal.com/ III. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. 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