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Lien waivers by state · North Carolina

North Carolina lien waiver requirements

North Carolina is a non-statutory state

North Carolina does not prescribe a statutory lien-waiver form, so waivers may be freely worded as long as they are in writing, signed by the waiving party, and clearly state the amount/work being released and the property involved. Since March 1, 2022, N.C. Gen. Stat. § 22B-5 makes it void and unenforceable to require, as a condition of receiving interim or progress payments, a waiver broader than the specific payment actually received — so progress-payment waivers should be conditional on payment and limited to that payment.

Statute: N.C. Gen. Stat. § 22B-5 (lien-waiver restrictions); mechanics liens under N.C. Gen. Stat. Ch. 44A, Art. 2 (§§ 44A-7 to 44A-23)

North Carolina lien waiver forms

The four standard waiver-and-release types and North Carolina’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: North Carolina lien waivers do not need to be notarized to be valid; a party may request notarization by agreement, but it is not legally required.
Mandatory statutory language: No specific statutory waiver language is mandated. However, N.C. Gen. Stat. § 22B-5 voids waivers required as a condition of interim/progress payments unless limited to the specific payment actually received, so progress-payment waivers should be conditional and limited; the waiver should clearly identify the amount/work released and the property.
Electronic signatures accepted

Key North Carolina deadlines

Preliminary / pre-lien notice: Yes (indirect). NC has no traditional preliminary notice, but a potential claimant must serve a Notice to Lien Agent on the owner's designated lien agent within 15 days after first furnishing labor or materials (§ 44A-11.2(l)) to preserve priority. A lien agent is required only on projects with a building permit of $30,000 or more (excluding owner-occupied single-family residences); if no lien agent applies or its info is not provided, this notice is not required.
Notice of intent to lien: No statutory Notice of Intent to Lien is required before filing a claim of lien on real property. (For lien-on-funds rights, a second/third-tier subcontractor must serve a Notice of Subcontract when the GC has filed a Notice of Contract, but there is no fixed deadline for it — it can be served before or any time after furnishing; the GC need only account for payments made after receipt.)
Mechanics lien filing deadline: Within 120 days after the last furnishing of labor or materials at the site (N.C. Gen. Stat. § 44A-12(b)); enforcement suit must be filed within 180 days of last furnishing (§ 44A-13).

North Carolina lien waiver FAQ

Does North Carolina require a specific lien waiver form?

No. North Carolina does not provide or require a specific statutory lien-waiver form; parties may use their own wording, provided the waiver is in writing, signed, and clearly identifies the amount/work released and the property. Note that N.C. Gen. Stat. § 22B-5 voids progress-payment waivers broader than the payment actually received.

Do lien waivers need to be notarized in North Carolina?

No. North Carolina lien waivers do not need to be notarized to be effective; notarization may be requested by agreement but is not required by statute.

Can lien waivers be signed electronically in North Carolina?

Yes. North Carolina recognizes electronic signatures under its Uniform Electronic Transactions Act (N.C. Gen. Stat. § 66-311 et seq.), so a lien waiver signed electronically is as valid as one signed on paper, provided the parties have agreed to transact electronically. North Carolina is not among the states that require notarized waivers.

What is the deadline to file a mechanics lien in North Carolina?

120 days. A claim of lien on real property must be filed with the Clerk of Superior Court no later than 120 days after the last furnishing of labor or materials at the site (N.C. Gen. Stat. § 44A-12(b)); an enforcement action must then be commenced within 180 days of last furnishing (§ 44A-13).