Bill Summary for H 88 (2013-2014)

Summary date: 

Apr 11 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 88 (Public) Filed Monday, February 11, 2013
Intro. by Hurley.

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Bill summary

House committee substitute deletes all the provisions of the first edition and replaces it with AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE LAW PERTAINING TO LIEN AGENTS.

Clarifies in GS 44A-11.1that the owner is not required to designate a lien agent for improvements made to an existing single-family residential dwelling unit, as defined in GS 87-13.5(7), that is occupied (was, used)by the owner as a residence.

Amends GS 44A-11.2 to clarify that a lower-tier subcontractor is not required to furnish labor, materials, rental equipment, or professional design or surveying services at the site of the improvements. Clarifies that an Internet web site may be used to transmit to the designated lien agent, with delivery receipt, all the information required to provide notice to the lien agent of theindividual's designation asa lien agent under GS 44A-11.1 or to provide notice to the designated lien agent under this section.

Amends GS 58-26-45 to delete the duty of a lien agent, who has received notice of the designation by the owner under GS 44A-11.1, to provide written notice within three business days to the contractor and the design professionalacknowledging receipt from the owner ofinformation relating to the contractorand the design professional.Amends GS 87-14 to provide that any applicant for a building permit for any improvements with a combined cost of $30,000 or more, other than improvements to an existing single-family residential dwelling that the owner occupies (was, that the applicant uses) must provide all contact information for the designated lien agent.

Makes conforming changes to GS 160A-417 (building permitsfor cities and towns) and GS 153A-357 (building permits forcounties).

Effective when the act becomes law and applies to improvements to real property for which the first furnishing of labor or materials at the site of the improvements is after that date.

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