What are the time limits for asserting lien rights under North Carolina law?
With regard to traditional liens, there are two deadlines that must be complied with. First, in order to perfect its lien a party must file its Claim of Lien against the real property within 120 days after it last furnished materials or labor on the project. The date of last furnishing does not include punch list work. Further, the party must also file a lawsuit in order to enforce its lien within 180 days of the date of last furnishing. If the party fails to file the lawsuit within the required period, then the lien is discharged. As the filing of a lien and the institution of a lawsuit to enforce the lien involves a significant amount of research regarding the property and the parties within the chain of contract, it is recommended that one contact an attorney as soon as possible within the 120 day period after the date of last furnishing in order to ensure that there is sufficient time to obtain the required information and timely file the lien. There is no time limit for the servin
