North Carolina Lien Waivers Guide and FAQs

Ready? Build Your Free North Carolina
Lien Waivers Now

Get Your Lien Waiver Now

North Carolina Lien Waiver Overview

North Carolina Lien Waiver Rules


  • Rules At A Glance
  • Top Links
Preliminary notice not required in WV
No Specific Form

North Carolina does not require any specific lien waiver form. Any form may be used.


notary not required on lien waiver
Notarization Not Required

North Carolina lien waivers do not need to be notarized to be effective.


icon-can't waive lien rights
Cannot Waive Rights in Contract

In North Carolina, a lien waiver cannot be “in anticipation of and in consideration for the awarding of a contract.”


Icon_Can
Can Waive Rights Before Payment

North Carolina allows lien waivers prior to payment as long as they were not given in order to be awarded the contract,

North Carolina lien waivers are mostly unregulated, at least in terms of the form or specific language necessary to make the waiver effective. However, there are rules related to when a lien waiver can be given and be effective.

North Carolina does not provide lien waiver form templates in its statutes, and doesn’t really provide much guidance on how a lien waiver should be drafted. Participants on a North Carolina construction project, therefore, have quite a bit of freedom to choose the exact format and language of lien waivers.

There are limitations related to when lien waivers can be requested and provided, however. Lien rights are a policy right of contractors and suppliers, so many states have protections in place to make sure those rights aren’t unfairly side-stepped. In North Carolina, these protections make it so that lien waivers “in anticipation or in consideration for awarding the contract to perform work” are completely disallowed.

In North Carolina, like everywhere, construction participants should pay careful attention to lien waivers. They are exchanged all the time, but they can have serious consequences.  The resources, forms, guides, and frequently asked questions about North Carolina Lien Waivers on this page will help you get it right.

North Carolina Lien Waivers FAQs

North Carolina's lien waiver rules and requirements can be difficult to understand. This can create some difficult situations for construction participants in North Carolina, who have to navigate providing waivers in order to get paid as quickly as possible, but without giving up more than they bargained for. We have answers to some of the most common questions about North Carolina's lien waiver rules below.

North Carolina Lien Waiver FAQs

Does North Carolina require a specific statutory lien waiver form?

No, North Carolina does not provide or require statutory forms for lien waivers.

What are the requirements for an North Carolina lien waiver? What makes a lien waiver binding?

A lien waiver cannot be “in anticipation of and in consideration for the awarding of a contract.”

Are Unconditional Lien Waivers Prohibited in North Carolina?

No, unconditional lien waivers are not prohibited by statutory or case law.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in North Carolina?

Yes, although it is not specifically mentioned as to whether an advance lien waiver given after a contract is signed would be enforceable, such that it wasn’t “in consideration for the awarding of” the contract.  It is specifically allowed to subordinate a lien claim.

Must North Carolina lien waivers be notarized?

No. There is no statutory requirement that a North Carolina lien waiver be notarized.

Need More Help With North Carolina Lien Waivers? We're Here.

Get Free Expert Advice

Check Out Our Payment Experts

Recent Questions & Answers
About North Carolina Lien Waivers

We receive various lien waivers from our customers without payments. Many times they will not release partial or final payments until we sign a waiver but the waiver states that we have already been paid. What is our risk and how do we address this with our customers to maintain a good relationship?

We would like to have some of these documents reviewed by your legal department if possible.

Subordination of lien

We have begun work on a project in NC. We gave notice and immediately received a Subordination of lien form. Is there any reason to...

Customer is asking to sign a subcontractor’s/supplier’s affidavit of interim payment and release of lien form. What are the implications of signing it or not signing it?

Hello, Customer is asking to sign a lien waiver with language that states: In consideration of the progress payment of $x the receipt and sufficiency...

View more questions & answers

Free North Carolina Lien Waivers Forms & Templates

North Carolina doesn’t really regulate the language on lien waivers. This means that you need to be sure about what your lien waiver says before providing it to another party since it’s easy to end up waiving more than you bargained for. Using these forms provided by Levelset is safe, easy, stress-free, and fair for everyone involved. When used correctly, these forms don’t waive more than intended, are fair, and can’t be used against the singing party.

When used correctly, the forms provided here for free by Levelset are clear and fair to all parties. You can download them free, or use our free system to send or request your North Carolina lien waiver form.

Free North Carolina Lien Waiver Forms

These North Carolina lien waiver forms are clear, fair, and simple. Make it easy, and use forms from the source you can trust.

North Carolina Final Conditional Lien Waiver Form - free from

North Carolina Final Conditional Lien Waiver Form

This nc final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

Get Form Now

North Carolina Final Unconditional Lien Waiver Form - free from

North Carolina Final Unconditional Lien Waiver Form

This nc final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

Get Form Now

North Carolina Partial Conditional Lien Waiver Form - free from

North Carolina Partial Conditional Lien Waiver Form

This nc partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

Get Form Now

North Carolina Partial Unconditional Lien Waiver Form - free from

North Carolina Partial Unconditional Lien Waiver Form

This nc partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

Get Form Now

Helping Thousands Of Contractors
Like You With North Carolina Lien Waivers