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Bonded off lien

North CarolinaBond Claims

I have a lien filed that has been bonded around, for months the GC says they want to work it out but continue to ignore any deadlines we place for a resolution. I have finally had enough and need to file a foreclosure lawsuit. My question is this: The jobsite is in Charlotte, NC but both us (sub) and the GC are based in Ga. Must I file in NC because the work was done there or may I file in Ga since the property is no longer subject to the lien? I am no longer foreclosing on the property but on the bond.

1 reply

Jan 22, 2018
This is a really good question, and I'm not sure it's one I've seen before at the Construction Legal Center. In North Carolina, to bond off a mechanics lien, a surety bond must be deposited with the clerk of court in the county where the lien claim was made. Further, if a lien claim arises under North Carolina law and attaches to North Carolina property, the claim will be made under North Carolina law. Thus, it follows that a bond claim should be made in the county where the property was located. Granted, another mode of recovery (such as a breach of contract claim) might be available in Georgia where both parties are located.
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