Tag Archives: north carolina mechanics lien

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

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