Charlotte North Carolina Conditional Waiver and Release of Lien Upon Progress Payment

State:
North Carolina
City:
Charlotte
Control #:
NC-10-09
Format:
Word; 
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Description

This Conditional Waiver and Release of Lien Upon Progress Payment form is for use by a lienor in consideration of a certain sum of money to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a specific date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Progress Payment is conditioned upon the lienor receiving collected funds for the work described, and should such funds not be received within a certain number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void.

The Charlotte North Carolina Conditional Waiver and Release of Lien Upon Progress Payment is a legal document that is commonly used in construction projects to prevent any future potential claims or liens against a property. It is typically executed by a contractor or subcontractor upon receiving a progress payment for work completed on the project. This waiver serves as an agreement between the contractor or subcontractor and the property owner or general contractor, stating that the payment received is considered as a partial payment for the work done. By signing this document, the contractor or subcontractor waives their rights to file a lien against the property for the specific amount paid, ensuring that the owner's title remains clear of any potential claims. There are two main types of Charlotte North Carolina Conditional Waiver and Release of Lien Upon Progress Payment: 1. Conditional Waiver and Release of Lien Upon Progress Payment: This type of waiver is used when the contractor or subcontractor acknowledges receiving a payment for the work done, but it is still subject to any outstanding payment obligations or potential claims for additional services or issues that may arise. It provides a conditional release of lien rights up to the amount specified, preserving the right to seek additional payment if necessary. 2. Unconditional Waiver and Release of Lien Upon Progress Payment: This type of waiver is used when the contractor or subcontractor acknowledges receiving a payment for the work done and confirms that the payment represents their full and final payment for the services provided. By signing this document, they waive all rights to future claims, and any potential liens against the property are fully released. These waivers and releases of lien upon progress payment are essential to protect both parties involved in a construction project. They ensure that contractors and subcontractors receive timely payments for their work, while also providing peace of mind to property owners and general contractors, as it prevents any future legal complications or disputes related to liens and claims. It is crucial to ensure that these documents are properly executed and comply with the specific laws and regulations of Charlotte, North Carolina, to ensure their validity and effectiveness.

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FAQ

No, North Carolina does not require or provide statutory forms for lien waivers. Because the form and content of lien waivers aren't regulated under North Carolina Mechanics Lien laws, careful attention should be given to the actual terms of the waiver to ensure you're not waiving more than intended.

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 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.

As mentioned, lien agents keep owners in the loop on who is working on their projects. Subcontractors and material suppliers who are further down the construction totem pole now have a clear understanding of whom to send a preliminary notice to.

A contractor's lien is a common law right which entitles a contractor to remain in possession of the property of his employer as security for payment in respect of work performed on such property. An employer in a construction context will often require that the contractor waives its lien.

Where: A Claim of Lien on Real Property must be filed in the county where the property is located. Dated and signed by either the lien claimant or its agent, or the lien claimant's attorney. A Claim of Lien does not need to be notarized.

In North Carolina, the claiming party has 120 days from the last date of furnishing to file the lien. N.C. Gen. Stat. § 44A-12(b).

Notarization Not Required Lien waivers in South Carolina do not need to be notarized in order to be effective, they must merely be in writing.

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Second, the Fill North Carolina Unconditional Lien Waiver, Edit online. You will be able to discuss liens on real property for parties dealing directly with the owner.Are you thinking about getting Conditional Waiver And Release Upon Final Payment Texas to fill? The official North Carolina Lien Agent system website that facilitates Chapter 44-A, Article 2, of the NC General Statutes. Subcontractor Lien Waiver Form North Carolina By admin Posted on April 22, 2019. University Boulevard, Charlotte, NC 28223, until p.m. The foregoing limitation shall apply only to the lien upon real property located in the State of. Relocation Assistance on Advance and Specific Parcel Acquisitions. 07 Repayment of Loans; Evidence of Debt . In the opinion of Bond Counsel, under existing law, interest on the 2016A Bonds is exempt from State of North Carolina income taxes.

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Charlotte North Carolina Conditional Waiver and Release of Lien Upon Progress Payment