Submitted by kirksanderslaw on
Update on mechanics' lien agent system, EFFECTIVE APRIL 1, 2013
Beware: If you are a contractor or subcontractor, before you commence work or supply materials to a property, you better comply with these new changes which require that you notify the LIEN AGENT before starting work on property.
You should contact your attorney to confirm you are doing this properly.
Liens on public and commercial projects are already in effect prior to April 1, 2013. Confirm you are using the right form for the right type of job. The lien law varies depending on whether a residence, public and/or commercial contract.
Preparing for the April 1, 2013, beginning of the lien agent system, LiensNC is actively implementing the changes of NC HB180, anticipating its being signed by the Governor shortly.
The NCDOI has posted a page on the system to help local permitting offices and others, including forms (LiensNC format), link to the older overview power point (pre-HB180, but helpful for now) and a list of registered lien agents, so far:
All 9 Lien Agent Companies so far are using the www.LiensNC.com website application system and contact information. So any filings must go to that contact information once the statute goes into effect on April 1, 2013. "Paper" instructions are attached for the two filings for the 9 lien agents with LiensNC contact information under the new statute. These paper forms could help your clients gather the information more efficiently so that they can enter the data into the system more quickly, especially for entry of the contractor, pre-permit workers and design professionals on the Appointment of Lien Agent, as required by the statute.
REMINDER: SUBMITTING ON-LINE WILL BE HIGHLY PREFERABLE, -- FAST, EASY AND PREVENTING DELAYS DUE TO ILLEGIBLE FILINGS OR NOTICES FOR WHICH THE APPROPRIATE APPOINTMENT CANNOT BE CLEARLY IDENTIFIED.
By Monday, additional Guides, Helpful Hints and step-by-step instructions should be posted and available for use. These are being developed in sync with the web application changes required by HB180, just passed by the Legislature last week. So they may not be finalized and available on-line until April 1, 2013.
All 9 primary underwriters are involved in the process. Most of us are updating our agents and employees. Our counsel are discussing underwriting issues as they arise. So you should have plenty of resources for information.
BELOW ARE TWO OF THE FORMS (SUBJECT TO CHANGE)
One How to file a Notice of Lien (must be done PRIOR to work)
One to Appoint Lien Agent
**You should contact your attorney to confirm that you’re are in compliance with the new law.
How to File a Notice to Lien Agent with
[Insert Name of Mechanics’ Lien Agent here], as Lien Agent
Where to File
All filings must be delivered to our official “contact information” as lien agent, filed with the NC Department of Insurance, which is:
c/o LiensNC
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Online: http://liensnc.com |
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In Person: 19 W. Hargett Street, Suite 507 - Raleigh, NC 27601 |
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Email: support@liensnc.com |
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Toll Free: 1-888-690-7384 |
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Fax: 919-489-5231 |
A delivery other than above (such as to a local office) is not an adequate delivery and the defense of improper or inadequate delivery (and any losses due to delays or failure of filing) is not waived, even if the filing is copied, transmitted to LiensNC or saved by the local office. It is your duty as the filer to assure that the notice has been filed with the lien agent at the proper address above.
How to File:
All filings must also be delivered by one of the methods required by statute.
The most efficient method of filing a Notice to Lien Agent with us is to:
(i) visit www.liensnc.com;
(ii) register and obtain a user account (if you do not already have one);
(iii) select the Notice to Lien Agent option; and
(iv) follow the prompts to locate your property project and complete your Notice.
OR, using your smartphone at the job site, click on the QR code posted with the permit (if one) or at an obvious conspicuous place on the site (if not a project requiring a building permit).
Other allowable Methods of Filing to the above contact information for us as lien agent (per NC General Statute 44A-11.2(g)) are:
- Electronic mail, with delivery receipt, to support@liensnc.com
- Certified Mail, return receipt requested, to LiensNC at street address above
- Signature Confirmation as provided by the US Postal Service, to LiensNC at street address above
- Physical Delivery and obtaining delivery receipt from lien agent, to LiensNC at street address above
- Facsimile with facsimile confirmation, to Fax number above
- Depositing with designated delivery service authorized by 26 USC 7502(f)(2), to LiensNC at street address above
What to File – Form of Notice to Lien Agent per NC General Statute 44A-11.2(j) (attached)
NOTICE TO LIEN AGENT
(1) Potential Lien Claimant:
Name:
Address:
Phone:
FAX:
Email:
(2) Name of party with whom the potential lien claimant has contracted to improve real property described below: ______________________________________
(3) Project Property A description of the real property sufficient to identify the real property, (include identifying information such as street address, city, job name, subdivision, lot number, tax map/block/lot, reference to recorded instrument (Book and Page), common name of the project or any other description that reasonably identifies the real property for the improvements
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(4) I give notice of my right subsequently to pursue a claim of lien for improvements to the real property described in this notice.
Dated: ______________
______________________________________________________________
Signature - Potential Lien Claimant
How to File an Appointment of Lien Agent with
[Insert Name of Mechanics’ Lien Agent here], as Lien Agent
Where to File
All filings must be delivered to our official “contact information” as lien agent, filed with the NC Department of Insurance, which is:
c/o LiensNC
|
|
Online: http://liensnc.com |
|
|
In Person: 19 W. Hargett Street, Suite 507 - Raleigh, NC 27601 |
|
|
Email: support@liensnc.com |
|
|
Toll Free: 1-888-690-7384 |
|
|
Fax: 919-489-5231 |
A delivery other than above (such as to a local office) is not an adequate delivery and the defense of improper or inadequate delivery (and any losses due to delays or failure of filing) is not waived, even if the filing is copied, transmitted to LiensNC or saved by the local office. It is your duty as the filer to assure that the notice has been filed with the lien agent at the proper address above.
![MC910216326[1]](http:///C:\Users\ksanders\AppData\Local\Temp\msohtmlclip1\01\clip_image011.gif){kind=small}
Payments to: “LiensNC”
How to File:
All filings must also be delivered by one of the methods required by statute.
The most efficient method of filing an Appointment of Lien Agent with us is to:
(v) visit http://liensnc.com;
(vi) register and obtain a user account (if you do not already have one);
(vii) select the Appointment of Lien Agent option;
(viii) follow the prompts to identify your property project, contractors, subcontractors and suppliers already involved with the project; and
(ix) pay the statutory fee -- $25.00 for 1-2 family dwelling and $50 for any other projects.
Other allowable Methods of Filing to the above contact information for us as lien agent (per NC General Statute 44A-11.2(g)) are:
- Electronic mail, with delivery receipt, to support@liensnc.com
- Certified Mail, return receipt requested, to LiensNC at street address above
- Signature Confirmation as provided by the US Postal Service, to LiensNC at street address above
- Physical Delivery and obtaining delivery receipt from lien agent, to LiensNC at street address above
- Facsimile with facsimile confirmation, to LiensNC @ Fax number above.
- Depositing with designated delivery service authorized by 26 USC 7502(f)(2), to LiensNC at street address above
What to File – Appointment of Lien Agent per NC General Statute 44A-11.1(a) (attached)
APPOINTMENT OF LIEN AGENT
[Lien Agent Company appointed]
c/o LiensNC
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Online: http://liensnc.com |
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In Person: 19 W. Hargett Street, Suite 507 - Raleigh, NC 27601 |
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Email: support@liensnc.com |
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Toll Free: 1-888-690-7384 |
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Fax: 919-794-5664 |
![MC910216326[1]](http:///C:\Users\ksanders\AppData\Local\Temp\msohtmlclip1\01\clip_image015.gif){kind=small}
Payments to: “LiensNC”
Owner:
Name:
Address:
Phone:
FAX:
Email:
Contractor:
Name:
Address:
Phone:
FAX:
Email:
Project Property (include identifying information such as street address, city, job name, subdivision, lot number, tax map/block/lot, reference to recorded instrument (Book and Page), common name of the project or any other description that reasonably identifies the real property for the improvements
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Design Professional– ALL architects, engineers, land surveyors and landscape architects registered under Chapter 83A, 89A or 89C of the General Statutes )
Name:
Address:
Phone:
FAX:
Email:
Pre-Permit and Off-Site Providers: All contractors, subcontractors or suppliers who have not furnished labor, services, materials or rental equipement at the site of the improvements, or who did so prior to the posting of this Appointment
Name:
Address:
Phone:
FAX:
Email:
Name:
Address:
Phone:
FAX:
Email:
[ATTACH ADDITIONAL PAGES WITH CONTACT INFORMATION FOR ADDITIONAL DESIGN PROFESSIONALS OR OTHER PRE-PERMIT OR OFF-SITE WORKERS ABOVE, AS AND IF NEEDED.]
Dated: ______________
________________________________________________________________
Signature - Owner
THIS MUST BE POSTED AT THE JOB SITE
EITHER:
· WITH THE BUILDING PERMIT
OR,
· IF NO PERMIT APPLICABLE, IN A CONSPICUOUS LOCATION CONTINUOUSLY THROUGHOUT THE PROJECT.
