A subcontractor files a lien for $25,000 on a residential project. The homeowner disputes the lien. Under NC lien law, within what timeframe must the lienor file suit to enforce the lien?
Correct Answer
A) 1 year from filing the lien
Under NC lien law, a lienor must file suit to enforce a mechanic's lien within one year from the date the lien was filed.
Why This Is the Correct Answer
Under North Carolina General Statutes Chapter 44A, a lienor who has filed a claim of lien on real property must commence a civil action to enforce the lien within one year from the date the lien was filed. Failing to sue within this window extinguishes the lien entirely.
Why the Other Options Are Wrong
Option B: 180 days from filing the lien
180 days is a deadline that appears in some states for filing the lien itself after the last date of furnishing, not for filing suit to enforce an already-recorded NC lien. Confusing these two deadlines is a common error.
Option C: 90 days from filing the lien
90 days is also a time limit found in NC lien law — specifically, it is the deadline for filing a claim of lien after last furnishing labor or materials. It is not the deadline for filing suit to enforce a lien that has already been recorded.
Option D: 2 years from filing the lien
2 years is incorrect. No provision in NC Chapter 44A extends the enforcement suit deadline to two years for a standard mechanic's lien on real property. Selecting this answer suggests confusion with general contract statutes of limitations rather than the specific lien enforcement rule.
Memory Technique
Use the phrase '1 year to sue, or the lien is through.' Once you record a lien in NC, you have exactly 1 year to take it to court. Think of it as the lien's 'birthday' — miss one year and it dies.
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