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?
Correct Answer
D) Before starting work on the project
NC public works lien law requires subcontractors to file Notice to Lien Agent before starting work on the project to preserve lien rights.
Why This Is the Correct Answer
NC public works lien law requires that a Notice to Lien Agent be filed BEFORE starting work on the project. This is a strict prerequisite to preserve lien rights on public projects — timing is earlier than what most people assume because the clock does not start at first furnishing; it must be done in advance.
Why the Other Options Are Wrong
Option A: Within 30 days of first furnishing labor or materials
Option A ('Within 30 days of first furnishing labor or materials') is incorrect. The 30-day window applies to private construction lien notices, not public works projects. Public works lien preservation begins before any work, not after.
Option B: Within 45 days of first furnishing labor or materials
Option B ('Within 45 days of first furnishing labor or materials') is incorrect. No 45-day window exists for this purpose under NC public works lien law. This is a fabricated timeframe likely intended to confuse test-takers familiar with general lien deadlines.
Option C: Within 15 days of first furnishing labor or materials
Option C ('Within 15 days of first furnishing labor or materials') is incorrect. No 15-day rule governs Notice to Lien Agent filings. This distracter mimics other short-deadline rules in construction law but does not apply here.
Memory Technique
Think 'Public First': on PUBLIC projects, you must file FIRST — before you ever set foot on the site. Private projects allow you to file after the fact, but public projects demand the paperwork before the boots hit the ground.
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A contractor in North Carolina completes work valued at $85,000 but has not been paid. If filing a mechanic's lien, what is the maximum amount that can be claimed under NC lien law?
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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?