Chapter 44A Statutory Liens and Charges
Article 1 - Possessory Liens on Personal Property.
- § 44A-1 Definitions
As used in this Article: (1) "Legal possessor" means a. Any person entrusted with possession of personal property by an owner thereof, or b. Any...
- § 44A-2 Persons entitled to lien on personal property
(a) Any person who tows, alters, repairs, stores, services, treats, or improves personal property other than a motor vehicle or an aircraft in the ordinary...
- § 44A-3 When lien arises and terminates
Liens conferred under this Article arise only when the lienor acquires possession of the property and terminate and become unenforceable when the lienor voluntarily relinquishes...
- § 44A-4 Enforcement of lien by sale
(a) Enforcement by Sale. If the charges for which the lien is claimed under this Article remain unpaid or unsatisfied for 30 days or, in...
- § 44A-5 Proceeds of sale
The proceeds of the sale shall be applied as follows: (1) Payment of reasonable expenses incurred in connection with the sale. Expenses of sale include...
- § 44A-6 Title of purchaser
A purchaser for value at a properly conducted sale, and a purchaser for value without constructive notice of a defect in the sale, whether or...
- § 44A-6.1 Action to regain possession of a motor vehicle or vessel
(a) When the lienor involuntarily relinquishes possession of the property and the property upon which the lien is claimed is a motor vehicle or vessel,...
Article 2 - Statutory Liens on Real Property.
- § 44A-7 Definitions
Unless the context otherwise requires in this Article: (1) "Improve" means to build, effect, alter, repair, or demolish any improvement upon, connected with, or on...
- § 44A-8 Mechanics', laborers', and materialmen's lien; persons entitled to claim of lien on real property
Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either...
- § 44A-9 Extent of claim of lien on real property
A claim of lien on real property authorized under this Article shall extend to the improvement and to the lot or tract on which the...
- § 44A-10 Effective date of claim of lien on real property
A claim of lien on real property granted by this Article shall relate to and take effect from the time of the first furnishing of...
- § 44A-11 Perfecting claim of lien on real property
A claim of lien on real property granted by this Article shall be perfected as of the time provided in G.S. 44A‑10 upon the filing...
- § 44A-12 Filing claim of lien on real property
(a) Place of Filing. All claims of lien on real property must be filed in the office of the clerk of superior court in each...
- § 44A-12.1 No docketing of lien unless authorized by statute
(a) The clerk of superior court shall not index, docket, or record a claim of lien on real property or other document purporting to claim...
- § 44A-13 Action to enforce claim of lien on real property
(a) Where and When Action Commenced. An action to enforce a claim of lien on real property may be commenced in any county where venue...
- § 44A-14 Sale of property in satisfaction of judgment enforcing claim of lien on real property or upon order prior to judgment; distribution of proceeds
(a) Execution Sale; Effect of Sale. Except as provided in subsection (b) of this section, sales under this Article and distribution of proceeds thereof shall...
- § 44A-15 Attachment available to lien claimant
In addition to other grounds for attachment, in all cases where the owner removes or attempts or threatens to remove an improvement from real property...
- § 44A-16 Discharge of record claim of lien on real property
Any claim of lien on real property filed under this Article may be discharged by any of the following methods: (1) The lien claimant of...
- § 44A-17 Definitions
Unless the context otherwise requires in this Article: (1) "Contractor" means a person who contracts with an owner to improve real property. (2) "First tier...
- § 44A-18 Grant of lien upon funds; subrogation; perfection
Upon compliance with this Article: (1) A first tier subcontractor who furnished labor, materials, or rental equipment at the site of the improvement shall be...
- § 44A-19 Notice of claim of lien upon funds
(a) Notice of a claim of lien upon funds shall set forth all of the following information: (1) The name and address of the person...
- § 44A-20 Duties and liability of obligor
(a) Upon receipt of the notice of claim of lien upon funds provided for in this Article, the obligor shall be under a duty to...
- § 44A-21 Pro rata payments
(a) Where the obligor is a contractor or subcontractor and the funds in the hands of the obligor and the obligor's personal liability, if any,...
- § 44A-22 Priority of liens upon funds
Liens upon funds perfected under this Article have priority over all other interests or claims theretofore or thereafter created or suffered in the funds by...
- § 44A-23 Contractor's claim of lien on real property; perfection of subrogation rights of subcontractor
(a) First tier subcontractor. A first tier subcontractor, who gives notice of claim of lien upon funds as provided in this Article, may, to the...
- § 44A-24 False statement a misdemeanor
If any contractor or other person receiving payment from an obligor for an improvement to real property or from a purchaser for a conveyance of...
Article 3 - Model Payment and Performance Bond.
- § 44A-25 Definitions
Unless the context otherwise requires in this Article: (1) "Claimant" includes any individual, firm, partnership, association or corporation entitled to maintain an action on a...
- § 44A-26 Bonds required
(a) When the total amount of construction contracts awarded for any one project exceeds three hundred thousand dollars ($300,000), a performance and payment bond as...
- § 44A-27 Actions on payment bonds; service of notice
(a) Subject to the provision of subsection (b) hereof, any claimant who has performed labor or furnished materials in the prosecution of the work required...
- § 44A-28 Actions on payment bonds; venue and limitations
(a) Every action on a payment bond as provided in G.S. 44A‑ 27 shall be brought in a court of appropriate jurisdiction in a county...
- § 44A-29 Limitation of liability of a surety
No surety shall be liable under a payment bond for a total amount greater than the face amount of the payment bond. A judgment against...
- § 44A-30 Variance of liability; contents of bond
(a) No act of or agreement between a contracting body, a contractor or a surety shall reduce the period of time for giving notice under...
- § 44A-31 Certified copy of bond and contract
(a) Any person entitled to bring an action or any defendant in an action on a payment bond shall have a right to require the...
- § 44A-32 Designation of official; violation a misdemeanor
Each contracting body shall designate an official thereof to require the bonds described by this Article. If the official so designated shall fail to require...
- § 44A-33 Form
(a) A performance bond form containing the following provisions shall comply with this Article: the date the bond is executed; the name of the principal;...
- § 44A-34 Construction of Article
The addition of this Article shall not be construed as making the provisions of Articles 1 and 2 of Chapter 44A of the General Statutes...
- § 44A-35 Attorneys' fees
In any suit brought or defended under the provisions of Article 2 or Article 3 of this Chapter, the presiding judge may allow a reasonable...
- § 44A-36 through 44A-39 Reserved for future codification purposes
Article 4 - Self-Service Storage Facilities.
Article 5 - Aircraft Labor and Storage Liens.
- § 44A-50 Definitions
As used in this Article, the following terms mean: (1) Aircraft. As the term is defined in G.S. 63‑1(3), or any engine, part, component, or...
- § 44A-55 Persons entitled to a lien on an aircraft
Any person who has expended labor, skill, or materials on an aircraft or has furnished storage for an aircraft at the request of its owner...
- § 44A-60 Notice of lien on an aircraft
(a) The lien under G.S. 44A‑55 expires 120 days after the date the lienor voluntarily surrenders possession of the aircraft, unless the lienor, prior to...
- § 44A-65 Notice of lien filed by the clerk of court
Upon presentation of a notice of lien pursuant to this Article, the clerk of court shall file the notice of lien and shall index the...
- § 44A-70 Priority of a lien on an aircraft
The lien under this Article shall have priority over perfected and unperfected security interests. (2006‑222, s. 1.1.)
- § 44A-75 Termination of a lien on an aircraft
Any lien under this Article shall be terminated upon receipt by the lienor of the full amount owed for the labor, skill, or materials on...
- § 44A-80 Fees
The clerk of court shall collect fees for filing, copying, and certifying any document under this Article as set forth in G.S. 7A‑308. (2006‑222, s.
- § 44A-85 Enforcement of lien by sale
A lien filed under this Article may be enforced in accordance with G.S. 44A‑4, and the proceeds of sale shall be applied as set forth...
- § 44A-90 Title of purchaser
(a) A purchaser for value at a properly conducted sale under this Article, and a purchaser for value without constructive notice of a defect in...
