North Carolina Mechanic Lien Enforcement Deadlines

Private Works — 180-Day Suit Deadline

Under North Carolina law, suit to enforce the Claim of Mechanic Lien on Real Property must be filed within 180 days of last furnishing labor or materials to the project. This relatively short deadline runs from the date of last furnishing, not from mechanic lien filing.

Because the mechanic lien must be recorded within 120 days and suit must be filed within 180 days of last furnishing, there may be a narrow window between mechanic lien recording and the suit deadline. Claimants should prepare enforcement actions promptly after recording.

Public Works — Payment Bond Suit Deadline (§44A-25 Through 35)

On North Carolina public works projects over $300,000 requiring 100% payment bonds, suit must be filed after 90 days from last furnishing labor or materials and prior to 1 year from last furnishing labor or materials, or from the contractor's final settlement, whichever period is longer.

The extended deadline using the contractor's final settlement date provides additional time if the final settlement occurs more than 1 year after last furnishing. Claimants should monitor both deadlines.

Public Works — Notice of Claim on Payment Bond (120 Days)

Subcontractors and materialmen lacking privity with the contractor must serve a Notice of Claim on the Payment Bond to the contractor within 120 days of last furnishing of labor or materials for which payment is claimed. This notice must be sent by registered or certified mail.

Additionally, these claimants must have sent a Notice of Subcontract within 75 days of first furnishing as a prerequisite.

No Mechanic Lien on Public Property

North Carolina does not permit the filing of Mechanic's Liens on public property. Subcontractors and material suppliers on public works must rely on the 100% payment bond required on contracts over $300,000. National Lien & Bond assists claimants in navigating all North Carolina mechanic lien and bond procedures.