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New Service Requirements for North Carolina Liens

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With the changes of HB 1052 set to go into effect on January 1, 2013, lien claimants in North Carolina must start to get familiar with the new requirements imposed upon them.  The first revision to the law that we will look at here details the parties required to be served with a copy of the lien claim.  As the law currently stands today, October 10, 2012, a Claim of Lien on Real Property does not need to be served on any project participant - the only requirement is that the lien be filed in the office of the clerk of superior court in the county in which the property is located.  This stands in stark contrast to the requirements applied to a Claim of Lien on Funds, which is not required to filed at all, and instead is required to be sent to the parties "up-the-chain" from the lien claimant.


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Published In: Construction Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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