Update on mechanics' lien agent system, EFFECTIVE APRIL 1, 2013
Beware: If you are a contractor or subcontractor, before you commence work or supply materials to a property, you better comply with these new changes which require that you notify the LIEN AGENT before starting work on property.
You should contact your attorney to confirm you are doing this properly.
Liens on public and commercial projects are already in effect prior to April 1, 2013. Confirm you are using the right form for the right type of job. The lien law varies depending on whether a residence, public and/or commercial contract.
Preparing for the April 1, 2013, beginning of the lien agent system, LiensNC is actively implementing the changes of NC HB180, anticipating its being signed by the Governor shortly.
The NCDOI has posted a page on the system to help local permitting offices and others, including forms (LiensNC format), link to the older overview power point (pre-HB180, but helpful for now) and a list of registered lien agents, so far:
All 9 Lien Agent Companies so far are using the www.LiensNC.com website application system and contact information. So any filings must go to that contact information once the statute goes into effect on April 1, 2013. "Paper" instructions are attached for the two filings for the 9 lien agents with LiensNC contact information under the new statute. These paper forms could help your clients gather the information more efficiently so that they can enter the data into the system more quickly, especially for entry of the contractor, pre-permit workers and design professionals on the Appointment of Lien Agent, as required by the statute.
REMINDER: SUBMITTING ON-LINE WILL BE HIGHLY PREFERABLE, — FAST, EASY AND PREVENTING DELAYS DUE TO ILLEGIBLE FILINGS OR NOTICES FOR WHICH THE APPROPRIATE APPOINTMENT CANNOT BE CLEARLY IDENTIFIED.
By Monday, additional Guides, Helpful Hints and step-by-step instructions should be posted and available for use. These are being developed in sync with the web application changes required by HB180, just passed by the Legislature last week. So they may not be finalized and available on-line until April 1, 2013.
All 9 primary underwriters are involved in the process. Most of us are updating our agents and employees. Our counsel are discussing underwriting issues as they arise. So you should have plenty of resources for information.
BELOW ARE TWO OF THE FORMS (SUBJECT TO CHANGE)
One How to file a Notice of Lien (must be done PRIOR to work)
One to Appoint Lien Agent
**You should contact your attorney to confirm that you’re are in compliance with the new law.
How to File a Notice to Lien Agent with
[Insert Name of Mechanics’ Lien Agent here], as Lien Agent
Where to File
All filings must be delivered to our official “contact information” as lien agent, filed with the NC Department of Insurance, which is: