§ 44A-24.13 – Discharge of lien.
44A-24.13. Discharge of lien. (a) Unless an alternative procedure is available and is acceptable to the transferee in a real estate transaction, any claim of lien on commercial real estate filed under this Article may be discharged by any of the following methods: (1) The lien claimant of record, the claimant’s agent, or attorney, in […]
§ 44A-24.14 – Priority of lien under this Part.
44A-24.14. Priority of lien under this Part. Any claim of lien on real property or claim of lien on funds allowed under Part 1 or Part 2 of this Article shall be deemed superior in all respects to any lien asserted under this Part, regardless of the effective date of the competing liens and shall […]
§ 44A-25 – Definitions.
44A-25. Definitions. Unless the context otherwise requires in this Article: (1) "Claimant" includes any individual, firm, partnership, association or corporation entitled to maintain an action on a bond described in this Article and shall include the "contracting body" in a suit to enforce the performance bond. (2) "Construction contract" means any contract for the construction, […]
§ 44A-26 – Bonds required.
44A-26. Bonds required. (a) When the total amount of construction contracts awarded for any one project exceeds three hundred thousand dollars ($300,000), a performance and payment bond as set forth in (1) and (2) is required by the contracting body from any contractor or construction manager at risk with a contract more than fifty thousand […]
§ 44A-24.7 – Lien claimant to mail copy of notice of lien to owner by certified mail.
44A-24.7. Lien claimant to mail copy of notice of lien to owner by certified mail. Any lien claimant who files a lien on commercial real estate pursuant to the provisions of this Part shall mail a copy of the notice of the lien to the owner of the commercial real estate by certified mail, return […]
§ 44A-24.8 – Enforcing lien.
44A-24.8. Enforcing lien. A lien claimant may bring suit to enforce a lien which attaches pursuant to the provisions of this Part in any court of competent jurisdiction in the county where the commercial real estate is located. The lien claimant shall commence proceedings within 18 months after filing the lien, and failure to commence […]
§ 44A-16 – Discharge of record claim of lien on real property.
44A-16. Discharge of record claim of lien on real property. (a) Any claim of lien on real property filed under this Article may be discharged by any of the following methods: (1) The lien claimant of record, the claimant’s agent or attorney, in the presence of the clerk of superior court may acknowledge the satisfaction […]
§ 44A-18 – Grant of lien upon funds; subrogation; perfection.
44A-18. Grant of lien upon funds; subrogation; perfection. (a) A first tier subcontractor who furnished labor, materials, or rental equipment at the site of the improvement shall have a lien upon funds that are owed to the contractor with whom the first tier subcontractor dealt and that arise out of the improvement on which the […]
§ 44A-19 – Notice of claim of lien upon funds.
44A-19. Notice of claim of lien upon funds. (a) Notice of a claim of lien upon funds shall set forth all of the following information: (1) The name and address of the person claiming the lien upon funds. (2) A general description of the real property improved. (3) The name and address of the person […]
§ 44A-20 – Duties and liability of obligor.
44A-20. Duties and liability of obligor. (a) Upon receipt of the notice of claim of lien upon funds provided for in this Article, the obligor shall be under a duty to retain any funds subject to the lien or liens upon funds under this Article up to the total amount of such liens upon funds […]