North Carolina Mechanic's Lien Template

Filing Deadline

Claim of Lien on Real Property must be both FILED with the Clerk of Superior Court AND SERVED on the owner (and general contractor, if claimant is a sub) within 120 days of the claimant's last furnishing of labor or materials at the project site. Both acts (filing + service) must occur within the same 120-day window — perfection requires both.

Clock starts: Date of last furnishing of labor or materials at the site of the improvement (NOT contract completion, NOT invoice date, NOT punch-list/warranty/corrective work).

Where to Record

Office of the Clerk of Superior Court in the county where the real property subject to the lien is located (NOT the Register of Deeds). The Clerk dockets the claim on the judgment docket and indexes it under the name of the record owner. Example: Wake County Clerk of Superior Court, 316 Fayetteville Street, Raleigh, NC 27602.

Notarization

Not required by statute.

NCGS 44A-12 does NOT require the Claim of Lien on Real Property to be notarized or verified under oath. The statutory form contains a signature line and a certification of service block, but no notary

Service Requirement

Within the same 120-day window, the claimant must SERVE a copy of the filed Claim of Lien on (a) the record owner of the property and (b) if the claimant is a subcontractor, the general contractor as well. Permitted service methods under NCGS 44A-11: personal delivery; certified mail or signature-confirmation return receipt requested; depository delivery service that provides proof of delivery (e.g., FedEx/UPS); or in limited cases by posting if the owner cannot be located after diligent search. Service address may be the address on the building permit, the tax-roll address, or the registered agent (for corporate owners). Proof of service must be reflected in the certificate of service appended to the lien.