(a) Notice of a claim of lien upon funds shall set forth all of the following information:
(1) The name and address of the person claiming the lien upon funds.
(2) A general description of the real property improved.
(3) The name and address of the person with whom the lien claimant contracted to improve real property.
(4) The name and address of each person against or through whom subrogation rights are claimed.
(5) A general description of the contract and the person against whose interest the lien upon funds is claimed.
(6) The amount of the lien upon funds claimed by the lien claimant under the contract.
(b) All notices of claims of liens upon funds by first, second, or third tier subcontractors must be given using a form substantially as follows:
NOTICE OF CLAIM OF LIEN UPON FUNDS BY
FIRST, SECOND, OR THIRD TIER SUBCONTRACTOR
To:
1. _________________, owner of property involved.
(Name and address)
2. _________________, contractor.
(Name and address)
3. _________________, first tier subcontractor against or through
(Name and address) whom subrogation is claimed, if any.
4. _________________, second tier subcontractor against or through
(Name and address) whom subrogation is claimed, if any.
General description of real property on which labor performed or material furnished:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
General description of undersigned lien claimant's contract including the names of the parties thereto:
________________________________________________________________________
________________________________________________________________________
The amount of lien upon funds claimed pursuant to the above described contract:
$ ________________________________________
The undersigned lien claimant gives this notice of claim of lien upon funds pursuant to North Carolina law and claims all rights of subrogation to which he is entitled under Part 2 of Article 2 of Chapter 44A of the General Statutes of North Carolina.
Dated _____
__________, Lien Claimant
______________________
(Address)
(c) All notices of claims of liens upon funds by subcontractors more remote than the third tier must be given using a form substantially as follows:
NOTICE OF CLAIM OF LIEN UPON FUNDS BY SUBCONTRACTOR
MORE REMOTE THAN THE THIRD TIER
To:
_______________, person holding funds against which lien upon funds is claimed.
(Name and Address)
General description of real property on which labor performed or material furnished:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
General description of undersigned lien claimant's contract including the names of the parties thereto:
________________________________________________________________________
________________________________________________________________________
The amount of lien upon funds claimed pursuant to the above described contract:
$ ____________________________________________
The undersigned lien claimant gives this notice of claim of lien upon funds pursuant to North Carolina law and claims all rights to which he or she is entitled under Part 2 of Article 2 of Chapter 44A of the General Statutes of North Carolina.
Dated: _____
__________, Lien Claimant
______________________
(Address)
(d) Notices of claims of lien upon funds under this section shall be served upon the obligor by personal delivery or in any manner authorized by Rule 4 of the North Carolina Rules of Civil Procedure. A copy of the notice of claim of lien upon funds shall be attached to any claim of lien on real property filed pursuant to G.S. 44A-20(d).
(e) Notices of claims of lien upon funds shall not be filed with the clerk of superior court and shall not be indexed, docketed, or recorded in any way as to affect title to any real property, except a notice of a claim of lien upon funds may be filed with the clerk of superior court under either of the following circumstances:
(1) When the notice of claim of lien upon funds is attached to a claim of lien on real property filed pursuant to G.S. 44A-20(d).
(2) When the notice of claim of lien upon funds or a copy thereof is filed by the obligor for the purpose of discharging the claim of lien upon funds in accordance with G.S. 44A-20(e).
(f) Filing a notice of claim of lien upon funds pursuant to subsection (e) of this section is not a violation of G.S. 44A-12.1. (1971, c. 880, s. 1; 1985, c. 702, s. 1; 2005-229, s. 1; 2012-175, s. 7; 2013-16, s. 3.)
Notes of Decisions
Contract Steel Sales, Inc. v. Freedom Constr. Co., 362 S.E.2d 547 (N.C. 1987).
· cites it 42× “§ 44A-18(1) and, if so, whether plaintiff complied with the notice requirements of N.C.G.S. § 44A-19. We conclude plaintiff complied with both provisions and affirm the Court of Appeals' decision that plaintiff is entitled to assert its lien.”
Cameron & Barkley Co. v. Am. Ins., 434 S.E.2d 632 (N.C. Ct. App. 1993).
· cites it 25× “Plaintiff contends the trial court erred by ruling the “Claim of Lien and Notice of Claim of Lien” filed and served by plaintiff failed to comply with the notice requirements established in Article 2 of Chapter 44A of the North Carolina General Statutes, specifically those…”
O & M Indus. v. Smith Eng'g Co., 624 S.E.2d 345 (N.C. 2006).
· cites it 4× “The lien upon funds is perfected upon giving of the notice of claim of lien in writing to the obligor in accordance with N.C.G.S. § 44A-19 and is effective upon the obligor’s receipt of the notice.”
Universal Mech., Inc. v. Hunt, 442 S.E.2d 130 (N.C. Ct. App. 1994).
· cites it 18× “The stipulated issue of whether plaintiff provided proper notice to defendants Marriott and Dunn pursuant to North Carolina General Statutes § 44A-19 (1989) was heard on 26 February 1993 before Judge Marvin K.”
Piedmont Rebar, Inc. v. Sun Constr., Inc., 564 S.E.2d 281 (N.C. Ct. App. 2002).
· cites it 6× “Upon the filing of the notice and claim of lien and the commencement of the action, no action of the contractor shall be effective to prejudice the rights of the subcontractor without his written consent. N.C. Gen.”
Pete Wall Plumbing Co. v. Sandra Anderson Builders, Inc., 721 S.E.2d 663 (N.C. Ct. App. 2011).
· cites it 4× “A suggested format for a notice of claim of lien upon funds is contained in N.C. Gen.Stat. § 44A-19 (2009). In the instant case, SAB fit both the definitions of: (1) an owner of the properties under Part 1, by virtue of the Subleases, see N.”
Park East Sales v. Clark-Langley, Inc., 651 S.E.2d 235 (N.C. Ct. App. 2007).
· cites it 2× “jacent to the posted building permit and files in the office of the Clerk of Superior Court in each county wherein the real property to be improved is located, a completed and signed Notice of Contract form and the second or third tier subcontractor fails to serve upon the…”
Martin Architectural Prods., Inc. v. Meridian Constr. Co., 574 S.E.2d 189 (N.C. Ct. App. 2002).
“§ 44A-18(6) (2001) (“A lien upon funds granted under this section is perfected upon the giving of notice in writing to the obligor as provided in G.S. 44A-19 and shall be effective upon the obligor’s receipt of the notice.”
Contract Steel Sales, Inc. v. Freedom Constr. Co., 353 S.E.2d 418 (N.C. Ct. App. 1987).
· cites it 14× “44A-18G), and (2) whether plaintiffs letter, dated 6 December 1983, substantially complied with the requirement of notice as stated in G.S. 44A-19. If plaintiff, as a first tier subcontractor, furnished materials at the site of improvement then the lien granted pursuant to G.”
Lewis-Brady Builders Supply, Inc. v. Bedros, 231 S.E.2d 199 (N.C. Ct. App. 1977).
“” The “Notice of Claim of Lien” given on 13 December 1974 by plaintiff to owner complied with the requirements of G.S. 44A-19(b). The central and dispositive issue is whether there were any funds held by owner on 13 December 1974 to which a lien in plaintiff’s favor could attach.”
— N.C. Gen. Stat. § 44A-19(a) — 1 case
Contract Steel Sales, Inc. v. Freedom Constr. Co., 362 S.E.2d 547 (N.C. 1987).
“§ 44A-18(1) and, if so, whether plaintiff complied with the notice requirements of N.C.G.S. § 44A-19. We conclude plaintiff complied with both provisions and affirm the Court of Appeals' decision that plaintiff is entitled to assert its lien.”
— N.C. Gen. Stat. § 44A-19(a)(3) — 1 case
Contract Steel Sales, Inc. v. Freedom Constr. Co., 353 S.E.2d 418 (N.C. Ct. App. 1987).
“44A-18G), and (2) whether plaintiffs letter, dated 6 December 1983, substantially complied with the requirement of notice as stated in G.S. 44A-19. If plaintiff, as a first tier subcontractor, furnished materials at the site of improvement then the lien granted pursuant to G.”
— N.C. Gen. Stat. § 44A-19(a)(4) — 1 case
Cameron & Barkley Co. v. Am. Ins., 434 S.E.2d 632 (N.C. Ct. App. 1993).
“Plaintiff contends the trial court erred by ruling the “Claim of Lien and Notice of Claim of Lien” filed and served by plaintiff failed to comply with the notice requirements established in Article 2 of Chapter 44A of the North Carolina General Statutes, specifically those…”
— N.C. Gen. Stat. § 44A-19(b) — 2 cases
Contract Steel Sales, Inc. v. Freedom Constr. Co., 362 S.E.2d 547 (N.C. 1987).
“§ 44A-18(1) and, if so, whether plaintiff complied with the notice requirements of N.C.G.S. § 44A-19. We conclude plaintiff complied with both provisions and affirm the Court of Appeals' decision that plaintiff is entitled to assert its lien.”
Lewis-Brady Builders Supply, Inc. v. Bedros, 231 S.E.2d 199 (N.C. Ct. App. 1977).
“” The “Notice of Claim of Lien” given on 13 December 1974 by plaintiff to owner complied with the requirements of G.S. 44A-19(b). The central and dispositive issue is whether there were any funds held by owner on 13 December 1974 to which a lien in plaintiff’s favor could attach.”
— N.C. Gen. Stat. § 44A-19(d) — 2 cases
Park East Sales v. Clark-Langley, Inc., 651 S.E.2d 235 (N.C. Ct. App. 2007).
“jacent to the posted building permit and files in the office of the Clerk of Superior Court in each county wherein the real property to be improved is located, a completed and signed Notice of Contract form and the second or third tier subcontractor fails to serve upon the…”
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