A North Carolina contractor completes a $45,000 residential addition project. The homeowner refuses to pay the final $8,000. What is the filing deadline for a mechanic's lien under NC lien law?
Correct Answer
A) 120 days from last furnishing labor or materials
Under NC lien law, a mechanic's lien must be filed within 120 days from the last furnishing of labor or materials to the project.
Why This Is the Correct Answer
Under North Carolina General Statute § 44A-12, contractors and subcontractors must file a mechanic's lien within 120 days from the last date they furnished labor, materials, or services to the project. This 120-day deadline is strictly enforced and begins running from the final day of work or material delivery, not from project completion or contract termination. Missing this deadline results in loss of lien rights.
Why the Other Options Are Wrong
Option B: 180 days from last furnishing labor or materials
180 days is incorrect and represents a common confusion with other states' lien laws. North Carolina's statute specifically requires filing within 120 days, not 180 days. Some states do have 180-day deadlines, but NC law is more restrictive at 120 days from last furnishing labor or materials.
Option C: 60 days from last furnishing labor or materials
60 days is too short and represents confusion with other lien-related deadlines in NC law. While some lien procedures have shorter timeframes, the initial filing deadline for a mechanic's lien is 120 days, not 60 days. This shorter period might apply to other lien requirements but not the primary filing deadline.
Option D: 90 days from last furnishing labor or materials
90 days is incorrect and may represent confusion with other states' lien laws or other NC construction-related deadlines. North Carolina specifically requires 120 days from last furnishing labor or materials. Some contractors mistakenly think it's 90 days, which can result in losing lien rights by filing too late.
Memory Technique
Remember 'NC 120' - North Carolina gives you 120 days, which is 4 months exactly (30 days × 4 = 120). Think '4 months to file or lose your lien rights in NC.'
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