In North Carolina, a contractor’s lien on the owner’s property must be filed within 120 days after the last furnishing of labor or materials at the site of the improvement. In order to perfect the contractor’s claim of lien on real property a suit must be filed within 180 days after the last furnishing of labor or materials at the site of the improvement in order to enforce the lien. A subcontractor may establish a lien on funds by serving the property owner a document known as a Notice of Claim of Lien Upon Funds. Other than the applicable statute of limitations for breach of contract, there are no deadlines for filing the Notice of Claim of Lien Upon Funds. A subcontractor may also file a subrogation lien on real property if the property owner pays funds to the contractor and failed to withhold funds for the subcontractor after receiving a notice of a claim of lien upon funds. This lien must be filed within 120 days after the contractor last furnished labor or materials to the site and a lawsuit to enforce this lien must be filed within 180 days after the contractor last furnished labor or materials to the site. A subcontractor may also file a subrogation lien against the owner’s property. This lien must be filed within 120 days after the contractor last furnished labor or materials to the site and the suit to enforce it must be filed within 180 days after the contractor last furnished labor or materials to the site.
When must construction liens be filed?
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