Tag Archives: claim of lien upon funds

Title Insurers Seek Further Erosion of Sub & Supplier Lien Rights in North Carolina

Monday MemoUPDATE 3/11/14 7:00 p.m.  I just received word that the N.C. Land Title Association believes it needs more time to explain to other construction industry stakeholders the concerns giving rise to its legislative proposals.  As a result, NCLTA has decided not to pursue its current proposals as part of the legislative study committee’s recommendations for legislation during the upcoming short session.  NCLTA will seek to discuss its concerns with interested stakeholders over the next few months in the hope of reaching a consensus on solutions that can be recommended as legislation during the 2015 long session.  In the interim, I am leaving this post up for informational purposes only.

With apologies to Yogi Berra, it’s déjà vu all over again.

Like in 2012, when the N.C. Land Title Association (“NCLTA”) successfully guided lien agent legislation through the North Carolina General Assembly’s short session, the organization is once again promoting a policy proposal widely opposed by the contracting community in advance of the Legislature’s May reconvening for its abbreviated 2014 get-together.

This time, the NCLTA has the Claim of Lien Upon Funds in its sights.

Here’s what you need to know:

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Filed under Lien Law, State law, policy & news, Subcontractors

Barnstorming Tour on Revisions to North Carolina’s Lien and Bond Laws Kicks Off Tomorrow In Durham

I’m excited to be one of five North Carolina lawyers participating in a series of seminars sponsored by CarolinasAGC aimed at helping the construction industry understand the significant lien and bond revisions passed by the General Assembly and signed into law by Governor Perdue earlier this summer.

Over the coming weeks, CAGC is sponsoring five such seminars in Durham, Wilmington, Greensboro, Charlotte and Asheville.  CAGC’s website describes each seminar as follows:

This two hour seminar will cover the major, recently enacted revisions to North Carolina’s lien and public bond law statutes.  House Bill 1052 and Senate Bill 42 were signed into law this July, and will take effect respectively in January and April 2013.  The new laws substantially modify the steps that all parties will have to take to protect their interests — regardless of whether they are an owner, buyer, contractor or sub/supplier. In particular, the new laws impose significant new notice requirements for both public and private work.  This seminar will be taught by attorneys that were intimately involved in passing the legislation and will cover in detail what the changes are and what you’ll need to do to protect your interests starting in 2013.  Attendees will receive a written summary of the lien laws as amended and a copy of the Power Point
presentation presented and have ample opportunity to ask questions from the presenting attorneys.

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Filed under Events, Lien Law, Payment Bonds, State law, policy & news, Surety Law