North Carolina Construction Lien Resources
Notice to Lien Agent within 15 days of first furnishing. Claim of lien within 120 days of last furnishing. Lawsuit within 180 days. Everything a contractor, subcontractor or supplier needs to protect lien rights in North Carolina.
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Notice to Lien Agent after first furnishing
File claim of lien after last furnishing
Sue to enforce after last furnishing
Sue on a public payment bond
North Carolina deadline calculator
Enter your dates and see every deadline in order. Red rows are the ones that can cost you the lien.
How a North Carolina lien comes together
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Before work starts
Find the lien agent
On most projects costing $40,000 or more, the owner must name a lien agent. Look for the lien agent on the posted building permit or a job-site sign, or ask the owner in writing.
N.C. Gen. Stat. 44A-11.1(a); 44A-11.2(b), (d), (e)
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Within 15 days of first furnishing
Send the Notice to Lien Agent
Deliver a Notice to Lien Agent no later than 15 days after you first furnish labor or materials. This protects your lien against later buyers and lenders.
N.C. Gen. Stat. 44A-11.2(l), (m)
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Any time while funds are owed
Serve a Notice of Claim of Lien Upon Funds (subs)
Subcontractors serve this notice on the party holding the money (the obligor). After it arrives, the obligor must hold back funds up to the claimed amount.
N.C. Gen. Stat. 44A-18; 44A-19; 44A-20
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Within 120 days of last furnishing
Serve and file the claim of lien
Serve a copy on the record owner. Subs claiming through the contractor’s lien also serve that contractor. File the claim with the clerk of superior court in the county where the property sits.
N.C. Gen. Stat. 44A-11(a); 44A-12(a), (b)
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Within 180 days of last furnishing
Start the lawsuit
File suit to enforce the lien no later than 180 days after your last furnishing at the site. File a lis pendens in any other county where the property sits within the same period.
N.C. Gen. Stat. 44A-13(a), (c)
The North Carolina rules, abstracted
A working summary of the North Carolina Statutory Liens on Real Property (Mechanics’, Laborers’, and Materialmen’s Liens) for notice, recording and enforcement.
Who has lien rights
A person who contracts with the owner can claim a lien on the real property. This covers labor, materials, rental equipment, and professional design or surveying services. First tier subcontractors can enforce the contractor’s lien by subrogation. Second and third tier subcontractors can too, unless the Notice of Contract rules below cut them off. Subcontractors who furnished at the site also get a lien on funds owed up the chain.
Notice to Lien Agent
For most improvements costing $40,000 or more, the owner must name a lien agent. The lien agent is a title insurance company or agency registered with the Department of Insurance. A potential lien claimant should deliver a Notice to Lien Agent within 15 days of first furnishing. A late notice can still protect you if it arrives before a sale or deed of trust is recorded. Otherwise your lien can lose out to a buyer or lender. Delivery methods are certified mail, USPS signature confirmation, physical delivery with a receipt, fax with confirmation, a designated delivery service, email with delivery receipt, or a website the lien agent approved. You do not have to comply if the lien agent’s information was not posted on the permit or sign and the owner did not give it on time after a written request.
Lien on funds for subcontractors
A subcontractor’s lien on funds attaches when it first furnishes labor, materials, or rental equipment at the site. It is perfected by serving a written Notice of Claim of Lien Upon Funds on the obligor. Serve it by personal delivery or any method allowed by Rule 4 of the Rules of Civil Procedure. After receipt, the obligor must hold funds up to the claimed amount. An obligor who pays anyway can become personally liable. Tiers beyond the third have a lien on funds but no subrogation.
The claim of lien
File a Claim of Lien on Real Property after the debt is due and no later than 120 days after your last furnishing at the site. File it with the clerk of superior court in each county where the property is located. The statute sets out the form, including a certificate that you served the required parties. A filed claim cannot be amended. You can cancel it and file a new one within the original 120 days.
Service of the claim of lien
The lien is perfected by filing and by serving a copy on the record owner. A sub asserting the contractor’s lien under G.S. 44A-23 must also serve that contractor. Service can be by personal delivery, or by postpaid mail through USPS or a designated delivery service. Proof of actual receipt is not required. Proper addresses include the address on the building permit, a North Carolina county tax roll, or the registered agent address on file with the Secretary of State.
Enforcement deadline
Start a lawsuit to enforce the lien no later than 180 days after the last furnishing of labor or materials at the site. If the property is in another county, file a notice of lis pendens there within the same 180 days. Without it, the judgment cannot order a sale. A judgment directs sale of the property, limited to the amount stated in the claim of lien.
Owner-occupied homes
The owner does not have to name a lien agent for improvements to an existing single-family home the owner lives in. The same exemption covers an accessory building or structure for that home. On those jobs the 15-day Notice to Lien Agent rule does not apply. The 120-day and 180-day deadlines still apply.
North Carolina quirks
The lien relates back to the claimant’s first furnishing at the site. An agreement to waive lien rights given in exchange for being awarded a contract is against public policy and unenforceable. The owner or contractor can post and file a Notice of Contract within 30 days after the permit is issued or the contract is awarded, whichever is later. A second or third tier sub who then fails to serve a Notice of Subcontract on the contractor cannot enforce the contractor’s lien. A Notice to Lien Agent expires five years after delivery unless renewed.
Where North Carolina liens go wrong
- Skipping the Notice to Lien Agent because the deadline is only 15 days.
- Counting 120 days from invoice date instead of last furnishing at the site.
- Serving the owner but not the contractor when claiming through the contractor’s lien.
- Letting 180 days pass without filing suit.
What do I need to send?
- Get the lien agent from the permit or sign, or ask your upstream contractor.
- Deliver a Notice to Lien Agent within 15 days of first furnishing.
- Serve a Notice of Claim of Lien Upon Funds on the obligor when payment is at risk.
- Serve the owner and the contractor, then file the claim of lien within 120 days of last furnishing.
- On public jobs with no contract with the prime, serve a Notice of Public Subcontract early and bond notice within 120 days.
- Confirm whether the owner has named a lien agent.
- Deliver your own Notice to Lien Agent within 15 days of first furnishing.
- Give lien agent details to each lower-tier sub within 3 business days of contracting.
- Serve the owner, file the claim of lien within 120 days, and sue within 180 days of last furnishing.
- Name a lien agent for improvements of $40,000 or more, unless an exemption applies.
- Make sure the building permit stays posted until all construction is complete.
- Answer a written request for lien agent information within 7 days.
- Hold funds after receiving a Notice of Claim of Lien Upon Funds.
- Check lien agent notices before closing a sale or loan.
Public projects: payment bonds
You can’t lien public property. On state and local jobs, your security is the contractor’s payment bond under the North Carolina Little Miller Act (N.C. Gen. Stat. 44A-25 et seq.).
- A 100% payment bond is required on each contract over $50,000 when total construction contracts for one project exceed $300,000. State agencies and the UNC system use a $500,000 project threshold.
- A claimant with no contract with the prime contractor must give written notice of claim to the contractor within 120 days of last furnishing. Serve it by certified mail, USPS signature confirmation, or any method allowed for service of summons.
- A remote claimant’s bond claim cannot include work provided more than 75 days before it serves a Notice of Public Subcontract on the contractor. This applies only to the part of a claim over $20,000.
- A claimant unpaid 90 days after last furnishing may sue. Suit must start within the later of one year from last furnishing or one year from final settlement with the contractor.
N.C. Gen. Stat. 44A-26; 44A-27; 44A-28
Lien waivers
We did not find a statutory lien waiver form in Article 2 of Chapter 44A. The statute does void one type of waiver. An agreement to waive the right to file a claim of lien, given in anticipation of and in exchange for being awarded a contract, is against public policy and unenforceable.
N.C. Gen. Stat. 44A-12(f)
Federal projects
The Miller Act governs federal jobs in every state. Second-tier claimants give written notice to the prime contractor within 90 days after last furnishing; suit within 1 year after last furnishing.
40 U.S.C. 3133
Read the North Carolina law
We link to the official statute instead of hosting a copy, so you always read the current version. Our summaries were last checked against these sources on October 7, 2026.
North Carolina services
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Premium Membership
Premium includes everything in Basic, plus discounted pricing across our service offerings. If you file notices or liens regularly, the savings can quickly cover the annual fee.
| Service | Premium | Basic |
|---|---|---|
| Lien agent identification | Starting at $35 | Starting at $60 |
| Notice to Lien Agent (state fee extra) | Starting at $60 | Starting at $95 |
| Notice of intent to lien (optional demand) | Starting at $75 | Starting at $110 |
| Claim of lien on real property: prepare, record and serve | Starting at $275 | Starting at $450 |
| Lien release / discharge | Starting at $110 | Starting at $165 |
| Public job bond notice or claim | Starting at $210 | Starting at $375 |
| Notice of Public Subcontract | Starting at $75 | Starting at $110 |
| Miller Act bond notice or claim (federal jobs) | Starting at $195 | Starting at $350 |
| Title search and legal description | Starting at $300 | Starting at $350 |
| Rush service (within 7 business days) | Starting at $75 | Starting at $150 |
| Same-day service (24-hour turnaround) | Starting at $125 | Starting at $200 |
| Electronic recording (e-file) | Starting at $45 | Starting at $75 |
Prices are LienNow service fees per document. County recording fees, state registry or portal fees, certified mail, postage and notary fees are billed at cost. Court actions to enforce a lien are handled by an attorney and are not included.
North Carolina lien questions
Do I need to send a Notice to Lien Agent?
If the owner named a lien agent, a potential lien claimant should deliver one within 15 days of first furnishing. Late notice can leave your lien behind a buyer or lender who records first. Owner-occupied existing single-family homes do not need a lien agent.
When is the claim of lien due?
No later than 120 days after your last furnishing of labor or materials at the site. File it with the clerk of superior court in the county where the property is located. Serve the record owner, and the contractor if you claim through the contractor’s lien.
How long do I have to sue?
An enforcement action must start within 180 days after the last furnishing of labor or materials at the site.
How do claims work on public projects?
North Carolina public projects over the statutory thresholds require payment bonds. Claimants with no contract with the prime contractor must give notice to the contractor within 120 days of last furnishing. Suit on the bond must start within one year.
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The information on this page is general information about North Carolina law as of the review date shown. It is not legal advice, and LienNow is not a law firm. Deadlines depend on the facts of each project. Consult a licensed North Carolina attorney about your specific situation.