North Carolina mechanic's liens

Who and what this applies to

Real-property lien rights for qualifying private improvements under Chapter 44A, Article 2.

Thresholds and scope

Lien-agent designation generally applies at $40,000; specified owner-occupied existing single-family improvements/accessory structures are exempt.

The rules

• Qualifying owner-contract labor, design/surveying services, materials or rental equipment can support a real-property lien upon statutory compliance. Source
• Owners designate the lien agent before first contracting for covered improvements; section 44A-11.1 supplies the $40,000 threshold and residence exceptions. Source
• For covered projects, receipt of a Notice to Lien Agent within 15 days of first furnishing protects against later qualifying conveyances/mortgages. Later notice may protect only if received before the relevant recording, subject to perfection alternatives and statutory notice-information exceptions. It does not replace lien filing/service. Source
• Perfect by serving the record owner and filing the claim; a subrogated claim also requires service on the contractor through whom rights are asserted. Source
• File with the superior-court clerk in each property county within 120 days after claimant’s last site furnishing, after the obligation matures. Source
• Commence enforcement within 180 days after claimant’s last site furnishing; preserving the statutory sale/priority rights also requires timely lis pendens in other property counties where the action was not commenced. Source

Primary sources

• N.C. Gen. Stat. §44A-8
• N.C. Gen. Stat. §44A-11.1(a)
• N.C. Gen. Stat. §44A-11.2(j), (l)-(n)
• N.C. Gen. Stat. §44A-11
• N.C. Gen. Stat. §44A-12(a)-(b)
• N.C. Gen. Stat. §44A-13(a), (c)

Sources reviewed 2026-09-30. This guide covers the projects and rules stated above.

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