North Carolina Preliminary Notice FAQs

Last updated November 3, 2020
Sending a North Carolina preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in North Carolina.

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North Carolina preliminary notice requirements for:

Private projects

General contractors must send a preliminary notice on private projects.

  • Notice can generally be sent late
  • Notice must be sent within 15 days
  • Notice is sent to the lien agent

The preliminary notice to lien agent must be provided to the lien agent. A notice of contract must be filed with the clerk of court for the county in which the project occurred. And, a notice of subcontract must be provided to the GC.

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Public projects

General contractors must provide an informational notice on public projects.

  • Notice can be sent late
  • GCs must provide notice to subcontractors

While GCs don't have the ability to make a claim against the payment bond they obtained for the protection of sub-tier parties, they still have notice requirements in North Carolina.

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Private projects

Subcontractors and suppliers must send notice on private projects.

  • Notice must be sent within 15 days
  • Notice can generally be sent late
  • Notices are sent either to lien agent, GC, or filed with the county clerk.

The party that receives the notice depends on the notice itself. The preliminary notice to lien agent must be provided to the lien agent. A notice of contract must be filed with the clerk of court for the county in which the project occurred. And, a notice of subcontract must be provided to the GC.

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Public projects

Subcontractors and suppliers may need to send notice on public projects.

  • Notice must be sent within 75 days
  • Notice may be sent late
  • Notice must be sent to GC

If the claim is worth more than $20,000, notice of public subcontract must be sent.

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