Tag Archives: lien law

N.C. Liens/Bonds, They Are A-Changin’ Part III: Double Payment Protection for GC’s

For North Carolina general contractors, the big prize in last year’s lien and bond law legislation was protection from double payment exposure on bonded public contracts.  Carolinas AGC lobbyist Dave Simpson has said on numerous occasions that he spent the better part of two decades pushing the N.C. General Assembly for double payment protection.   In a similar vein, Carolinas AGC member Susie Shaw of Beam Construction added that “this has been an issue I have heard about from my father since I was a young child.  It took a long time, but I am glad it is coming to pass in my lifetime.”

This post explains the “double payment” provisions of the new lien/bond laws in-depth, focusing on how prime contractors are exposed to double payment liability on public projects, how the new statute provides protection from that exposure, and the limits of the new legislation.  Continue reading

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Filed under Feature story, Payment Bonds, Payment for Goods and Services, State law, policy & news, Subcontractors

Why I Support Limiting North Carolina’s Lien Agent Statute to Residential Construction Projects

Photo Credit: Marietta Daily  Journal

Photo Credit: Marietta Daily Journal

This afternoon I attended the first lien law “Stakeholders’ Meeting” of the North Carolina General Assembly’s 2013 Regular Session.  The purpose of today’s meeting was to give folks in support of and opposition to proposed legislation that would limit the state’s new lien agent notice requirements to one- and two-family dwelling units 30 minutes per side to argue their respective cases.

I spent just under ten minutes of the “pro” side’s time making an argument that I’ve memorialized in the letter attached, below.  To read a larger version of the letter, click the expand button in the lower right-hand corner of the Scribd application.

This issue is still very much ripe for discussion, and so I invite and value your comments.

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Filed under Lien Law, State law, policy & news