A North Carolina contractor completes a $45,000 residential addition project. The homeowner refuses to pay the final $8,500. What is the deadline for the contractor to file a claim of lien on real property under NC lien law?
Correct Answer
D) 120 days from last furnishing labor or materials
Under NC lien law, contractors must file a claim of lien within 120 days from the last date they furnished labor or materials to the project.
Why This Is the Correct Answer
Under NC General Statutes § 44A-12, a contractor must file a claim of lien on real property within 120 days from the last date labor or materials were furnished to the project. This 120-day window is a strict statutory deadline.
Why the Other Options Are Wrong
Option A: 180 days from last furnishing labor or materials
180 days is incorrect. NC lien law does not provide a 180-day window for first-tier contractors. Waiting 180 days would cause the lien rights to expire under the 120-day statutory limit.
Option B: 90 days from last furnishing labor or materials
90 days is incorrect. While some states use a 90-day period, North Carolina's statute specifically provides 120 days for prime contractors. The 90-day figure might be confused with notice requirements for subcontractors or other jurisdictions.
Option C: 60 days from last furnishing labor or materials
60 days is incorrect. This is a shorter period than what NC law allows and would needlessly truncate the contractor's rights. It does not correspond to any NC lien filing deadline for prime contractors.
Memory Technique
Think: '120 days = 4 months to file.' Picture a calendar flipping 4 months forward from the day you walk off the job site. That is your lien deadline.
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A subcontractor working on a public school project in NC has not been paid by the general contractor. Under NC public works lien law, when must the Notice to Lien Agent be filed?
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