Bill Summary for H 180 (2013-2014)
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View NCGA Bill Details | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO MAKE VARIOUS TECHNICAL CORRECTIONS TO THE LAWS GOVERNING MECHANICS LIENS.Intro. by Stevens.
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Bill summary
Amends GS 44A-11.1 (Lien agent; designation and duties) clarifying information required for notice of designation of lien agent. States that lien agent is not agent of owner for receiving Claim of Lien on Real Property. Provides for designation of successor lien agent in event of death, resignation or loss of license by the lien agent. Specifies that closing attorneys must make written request to lien agents for attorney to meet professional obligations.
Amends GS 44A-11.2 (Identification of lien agent; notice to lien agent; effect of notice) stating that a potential lien claimant may include one that has furnished labor, materials, rental equipment, or professional design services. Adds notice by internet web site as acceptable form of written notice to lien agent. Clarifies that lien agent shall include name and address of applicable contractor and design professional in response to persons requesting information about persons who have given notice to lien agent. Adds that Notice to Lien Agent does not satisfy service or filing requirements for a Claim of Lien on Real Property. Clarifies that the conditions for perfecting a claim of lien on real property apply to improvements to real property subject to the lien agent designation requirements. Provides that a potential lien claimant may perfect a claim of lien if a specified Notice to Lien Agent is received by lien agent within 15 days of the claimant first furnishing labor or materials or, for specified claimants, within 15 days of receiving lien agent's contact information. Adds that, in the case of a mortgage or deed of trust recorded prior to perfecting a lien, the lien is subordinate unless the mortgage or deed of trust was for the benefit of an affiliate or relative, or unless a Notice to Lien Agent was received under certain specified circumstances.
Amends GS 44A-19 (Notice of claim of lien upon funds) permitting a copy of notice of claim of lien upon funds to be filed with the clerk of superior court in certain circumstances.
Amends GS 44A-20 (Duties and liability of obligor) referencing related sections for claimant actions for perfecting a claim of lien and waiving claimant rights.
Amends GS 44A-23 (Contractor's claim of lien on real property) clarifying the date to be used when a subcontractor completes a claim of lien.
Amends GS 44A-27 (Actions on payment bonds; service of notice) clarifying a contractor's obligation to provide a copy of a payment bond to a claimant making a request.
Amends GS 58-26-45 (Registration as a lien agent) concerning obligations of a lien agent to provide written notice to design professionals identified by the owner. Sets fees for lien agent services at $25 for one- and two-family dwellings and $50 for all other improvements to real property.
Effective April 1, 2013.