We recently posted about the changes set to occur to North Carolina lien law, and first looked at the new requirement that Claims of Lien on Real Property be served on the property owner (and general contractor) as well as being filed. This brief look at another change to North Carolina requirements is related to the new service requirement we previously discussed.
Now (starting 1/1/13) that it is a requirement to serve the property owner (and the general contractor) with a copy of a Claim of Lien on Real Property, the formal requirements of the claim itself reflect that change. Starting on January 1, 2013, a Claim of Lien on Real Property must include a certification of proper service, as follows: “I hereby certify that I have served the parties listed in (2) above [property owner (and general contractor)] in accordance with the requirements of G.S. 44A-11.
Further, if the Claim of Lien on Real Property is claimed by a subcontractor through subrogation asserted pursuant to G.S. 44A-23, it is a requirement (starting Jan. 1, 2013) to list the name of the contractor through which subrogation is being asserted on the face of the Claim of Lien itself. This is a new requirement, but should probably not prove to be too difficult. However, it is a requirement, so the lack of the general contractor if the mechanics lien is claimed through subrogation renders the lien deficient.
More to come…