North Carolina Notice of Claim on Bond, Public Work
Notice of Claim on Bond-Public Work
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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.
Document Title: Notice of Claim on Bond and Lien for Public Improvement.
Scope: State of North Carolina, Public Works.
Special Note: Venue for all suits to enforce payment must be within the county where the project is located. Contractual language to the contrary is invalid by statute.
Time Constraints: Before filing any claim, obtain a copy of the surety bond for specifics. Use the North Carolina Preliminary Notice forms to obtain this information.
You must serve the surety or bonding company, public entity and prime contractor with a Notice of Claim within 90 days of the last furnishing of labor, materials or services by certified mail or personal service.
Perfection: You must file suit to perfect your lien claim within one years of the last furnishing of labor, materials or services.
Payment Bond: Obtain a copy of the public works bond to determine specifics as to filing time limitations for notice and suit.
The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.
Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.
Form Types: Notice of Claim on Bond and Lien for Public Improvement, and Exhibit's A-D, if needed.
Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement on the public entities and sureties, if known. At this point you are ready to perfect your claim.
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