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
House committee substitute makes the following changes to the 1st edition.
Amends GS 44A-11.1, stating that the article is applicable to any improvement to real property for which the costs of the undertaking are $30,000 or more at the time of the original building permit or in cases in which no building permit is required at the the time the contract for the improvements is entered into by the owner.
Amends GS 44A-11.2, changing GS 44A-11.2(b1) to GS 44A-11.2(c), and changing language to state that potential lien claimants making requests who did not receive the lien agent contact information, and who has not furnished labor, labor, materials, rental equipment, or professional design or surveying services at the site of the improvements, or who last furnished labor, materials, rental equipment, or professional design or surveying services at the site of the improvements prior to the posting of the contact information for the lien agent, have no obligation to give notice to the lien agent until the claimant has received the contact information from the owner.
Adds that an internet web site approved by the designated lien agent to transmit information is an acceptable form of written notice to the designated lien agent.
Provides in GS 44A-11.2(n)(i) that a potential lien claimant may perfect a claim of lien if a Notice to Lien Agent is received by the specified lien agent no later than 15 days after first furnishing labor or materials.
Deletes that, for specified claimants, they may perfect a lien if they submit a Notice to Lien Agent within 15 days of receiving the lien agent's contact information or within 15 days of being designated as the lien agent.
Makes technical, conforming, and clarifying changes throughout GS 44A-11.2.
Amends GS 44A-23, making technical and conforming changes.
Amends GS 58-26-45, making technical and conforming changes.
Amends Section 8 of the act, the implementation clause, to provide that Sections 1, 2, 4, 5, and 7 of the act apply to improvements to real property affected for which the first furnishing of labor or materials at the site of the improvements is on or after April 1, 2013. Section 3 applies to notices of claims of lien filed on or after April 1, 2013. Section 6 applies to improvements to real property for which the first building permit is obtained on or after April 1, 2013.