Wake North Carolina Subcontractor's Agreement

State:
North Carolina
County:
Wake
Control #:
NC-00481-CPK
Format:
Word
Instant download

Description

This state specific form addresses issues for subcontract work including: identifying the parties, identifying the jobsite, describing the work, scheduling the work, payment amount, payment schedule, change orders, contractors delay in commencing work, late payments, dispute resolution, excusable delay, concealed conditions, insurance, and contract interpretation.
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FAQ

In North Carolina, a mechanics lien must be filed after the debt becomes due, but within 120 days from the date of last furnishing labor or materials to the project.

In North Carolina, a contractor must file a formal lawsuit after filing a mechanic's lien. In your answer to the lawsuit, you can challenge the validity of the mechanic's lien and continue to fight the lien through litigation. Of course, litigation always has the potential to be costly and time-consuming.

In North Carolina, a lien claimant has 120 days from the date of last furnishing to complete these 3 steps: Fill out a mechanics lien form that meets NC requirements.File the lien with the county recorder's office.Serve a copy of the lien on the property owner.

If you are seeking to remove a lien from a vehicle, the lender will typically send the release of lien once the loan is paid in full. It can take up to thirty days to receive the title and the lien release after the final payment.

This right to enforce a judgment is a property right owned by the creditor. The NC law clearly gives the creditor a 10 year period to enforce his lien and the statutes, N.C.G.S. § 1-234, and § 1-23 appear to extend the time period when execution is restrained.

When a subcontractor has performed in accordance with the provisions of his contract, the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such

Two notices are required in Subsections 114 and 115(b) of the ACA. First, subcontractors and material suppliers must send a notice to the owner 10 days prior to filing a lien, and this notice must state the amount owed and the person who owes the amount (Subsection 114).

When: A claim of lien on property must be filed within 120 days of a contractor's last date of Last Furnishing. Claims of Liens on Property must also be served on the Owner and any other parties up the contractual chain within this 120-day timeframe.

The simple ?rule of thumb? set forth in the lien statute when it comes to maintaining a contractor's (or subcontractor's) lien rights is that you have 120 days from the last date on which you furnished labor, materials, equipment, or other services ?at the site of the improvement? (i.e., on the real property).

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Wake North Carolina Subcontractor's Agreement