reglab/housing_qa huggingface dataset:
NC Gen Stat § 44A-24.3 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 44A-24.3 - Commercial real estate lien.

 44A-24.3. Commercial real estate lien.(a) A broker shall have a lien upon commercial real estate in the amount that the broker is due under a written agreement for broker services signed by the owner or signed by the owner's duly authorized agent, if:(1) The broker has performed under the provisions of the agreement;(2) The written agreement for broker services clearly sets forth the broker's duties to the owner; and(3) The written agreement for broker services sets forth the conditions upon which the compensation shall be earned and the amount of such compensation.(b) The lien under this section shall be available only to the broker named in the instrument signed by the owner or the owner's duly authorized agent. A lien under this section shall be available only against the commercial real estate which is the subject of the written agreement for broker services.(c) When payment of commission to a broker is due in installments, a portion of which is due only after the conveyance or transfer of the commercial real estate, any notice of lien for those payments due after the transfer or conveyance may be recorded at any time subsequent to the transfer or conveyance of the commercial real estate and within 90 days of the date on which the payment is due. The notice of lien shall be effective as a lien against the owner's interest in the commercial real estate only to the extent funds are owed to the owner by the transferee, but the lien shall be effective as a lien against the transferee's interest in the commercial real estate. A single claim for lien filed prior to transfer or conveyance of the commercial real estate claiming all commissions due in installments shall also be valid and enforceable as it pertains to payments due after the transfer or conveyance; provided, however, that as payments or partial payments of commission are received, the broker shall provide partial releases for those payments, thereby reducing the amount due the broker under the broker's lien.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.4 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 44A-24.4 - When lien attaches to commercial real estate.

 44A-24.4. When lien attaches to commercial real estate.A lien authorized by this Part attaches to the commercial real estate only when the lien claimant files a timely notice of the lien conforming to the requirements of G.S. 44A-24.5 and this section in the office of the clerk of superior court. A notice of lien is timely if it is filed after the claimant's performance under the written agreement for broker services and before the conveyance or transfer of the commercial real estate which is the subject of the lien, except that in the case of a lease or transfer of a nonfreehold interest, the notice of a lien shall be filed no later than 90 days following the tenant's possession of the commercial real estate or no later than 60 days following any date or dates set out in the written agreement for broker services for subsequent payment or payments. When a notice of a lien is filed more than 30 days preceding the date for settlement or possession set out in an offer to purchase, sales contract, or lease, which establishes the broker's claim of performance, the lien shall be available only upon grounds of the owner's breach of the written agreement for broker services.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.5 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 44A-24.5 - Lien notice; content.

 44A-24.5. Lien notice; content.(a) A lien notice under this Part shall be signed by the lien claimant and shall contain an attestation by the lien claimant that the information contained in the notice is true and accurate to the best of the lien claimant's knowledge and belief.(b) The lien notice shall include all of the following information:(1) The name of the lien claimant.(2) The name of the owner.(3) A description of the commercial real estate upon which the lien is being claimed.(4) The amount for which the lien is claimed and whether the amount is due in installments.(5) The claimant's grounds for the lien, including a reference to the written agreement for broker services that is the basis for the lien.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.6 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 44A-24.6 - When lien claim release or satisfaction to be filed.

 44A-24.6. When lien claim release or satisfaction to be filed.If a claim for a lien has been filed with the clerk of superior court and a condition occurs that would preclude the lien claimant from receiving compensation under the terms of the written agreement for broker services on which the lien is based, the lien claimant shall file and serve the owner of record a written release or satisfaction of the lien promptly, and in no event more than 30 days after the demand.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.7 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 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 receipt requested, or shall serve a copy of the notice of the lien in accordance with any of the provisions for service of process set forth in G.S. 1A-1, Rule 4. The lien claimant shall file proof of service with the clerk of the superior court. The lien is void if the lien claimant does not file and serve the lien as provided in this Part.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.8 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 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 proceedings within the 18 months shall extinguish the lien. If a claim is based upon an option to purchase the commercial real estate, the lien claimant shall commence proceedings within one year of the option to purchase being exercised. A claim for the same lien extinguished pursuant to this section and G.S. 44A-24.10 may not be asserted in any subsequent proceeding. A lender shall not be made a party to any suit to enforce a lien under this Part unless the lender has willfully caused the nonpayment of the commission giving rise to the lien.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.9 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 44A-24.9 - Complaint; content; parties' foreclosure action; procedure.

 44A-24.9. Complaint; content; parties' foreclosure action; procedure.(a) A complaint filed pursuant to the provisions of this section and G.S. 44A-24.8 shall contain all of the following:(1) A statement of the terms of the written agreement for broker services on which the lien is based or a copy of the written contract or agreement.(2) The date when the written agreement for broker services was made.(3) A description of the services performed.(4) The amount due and unpaid.(5) A description of the property that is subject to the lien.(6) Any other facts necessary for a full understanding of the rights of the parties.(b) The plaintiff shall file the action against all parties that have an interest of record in the commercial real estate; provided that a lender shall not be made a party to any suit to enforce a lien under this Part unless the lender has willfully caused the nonpayment of the commission giving rise to the lien: a foreclosure action for a lien claimed pursuant to this Part shall be brought pursuant to the provisions of this Article.(c) Valid prior recorded liens or mortgages shall have priority over a lien under this Part.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.10 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 44A-24.10 - Lien extinguished for lien claimant failing to file suit or answer in pending suit within 30 days after service on owner.

 44A-24.10. Lien extinguished for lien claimant failing to file suit or answer in pending suit within 30 days after service on owner.If a lien claimant fails to file a suit to enforce the lien or fails to file an answer in a pending suit to enforce a lien within 30 days after a properly served written demand of the owner, lienee, or other authorized agent, the lien shall be extinguished. Service of the demand shall be by certified mail, return receipt requested, or by personal service. The claimant shall file proof of properly served written demand with the clerk of the superior court. The provisions of this section shall not extend to any other deadline provided by law for the filing of any pleadings or for the foreclosure of any lien governed by this Part.  (2011-165, s. 1; 2012-175, s. 12(b).)
NC Gen Stat § 44A-24.11 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 44A-24.11 - Satisfaction or release of lien.

 44A-24.11. Satisfaction or release of lien.If a claim for a lien has been filed pursuant to the provisions of this Part with the clerk of superior court and the claim has been paid in full, or if the lien claimant fails to institute a suit to enforce the lien within the time as provided by law, the lien claimant shall acknowledge satisfaction or release of the lien in writing upon written demand of the owner promptly, and in no event more than 30 days after the demand.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.12 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 44A-24.12 - Cost of proceeding to be paid by nonprevailing party.

 44A-24.12. Cost of proceeding to be paid by nonprevailing party.The costs of any proceeding brought to enforce a lien filed pursuant to this Part, including reasonable attorneys' fees and prejudgment interest due to the prevailing party, shall be paid by the nonprevailing party or parties. If more than one party is responsible for costs, fees, and prejudgment interest, the costs, fees, and prejudgment interest shall be equitably apportioned by the court among the responsible parties.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.13 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 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 the presence of the clerk of superior court, may acknowledge the satisfaction of the claim of lien on the commercial real estate indebtedness, whereupon the clerk of superior court shall enter on the record of the claim of lien on the commercial real estate the acknowledgment of satisfaction, which shall be signed by the lien claimant of record, the claimant's agent, or attorney, and witnessed by the clerk of superior court.(2) The owner may exhibit an instrument of satisfaction signed and acknowledged by the lien claimant of record, which instrument states that the claim of lien on the commercial real estate indebtedness has been paid or satisfied, whereupon the clerk of superior court shall cancel the claim of lien on the commercial real estate by entry of satisfaction on the record of the claim of lien on the commercial real estate.(3) By failure to enforce the claim of lien on the commercial real estate within the time prescribed in this Article.(4) By filing in the office of the clerk of superior court the original or certified copy of a judgment or decree of a court of competent jurisdiction showing that the action by the claimant to enforce the claim of lien on the commercial real estate has been dismissed or finally determined adversely to the claimant.(5) Whenever funds in an amount equal to one hundred twenty-five percent (125%) of the amount of the claim of lien on the commercial real estate is deposited with the clerk of superior court to be applied to the payment finally determined to be due, whereupon the clerk of superior court shall cancel the claim of lien on the commercial real estate.(6) Whenever a corporate surety bond, in an amount equal to one hundred twenty-five percent (125%) of the amount of the claim of lien on the commercial real estate and conditioned upon the payment of the amount finally determined to be due in satisfaction of the claim of lien on the commercial real estate is deposited with the clerk of superior court, whereupon the clerk of superior court shall cancel the claim of lien on the commercial real estate.(7) By failure to file documentation if required pursuant to G.S. 44A-24.6 or G.S. 44A-24.10.(b) If funds in an amount equal to one hundred twenty-five percent (125%) of the amount that is sufficient to release the claim of lien have been deposited with the clerk of superior court, or a bond in an equal amount has been secured, the lien claimant shall release the claim for the lien on the commercial real estate, and the lien claimant shall have a lien on the funds deposited with the clerk of superior court.  (2011-165, s. 1.)
NC Gen Stat § 44A-24.14 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 2 - Statutory Liens on Real Property.|§ 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 survive notwithstanding any judgment awarding a lien under this Part. No lien claimant filing a lien pursuant to this Part shall be entitled to participate in any pro rata distributions to claimants proceeding under G.S. 44A-21.  (2011-165, s. 1.)
NC Gen Stat § 44A-25 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 3 - Model Payment and Performance Bond.|§ 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, reconstruction, alteration or repair of any public building or other public work or public improvement, including highways.(3) "Contracting body" means any department, agency, or political subdivision of the State of North Carolina which has authority to enter into construction contracts.(4) "Contractor" means any person who has entered into a construction contract with a contracting body.(5) "Labor or materials" shall include all materials furnished or labor performed in the prosecution of the work called for by the construction contract regardless of whether or not the labor or materials enter into or become a component part of the public improvement, and further shall include gas, power, light, heat, oil, gasoline, telephone services and rental of equipment or the reasonable value of the use of equipment directly utilized in the performance of the work called for in the construction contract.(6) "Subcontractor" means any person who has contracted to furnish labor or materials to, or who has performed labor for, a contractor or another subcontractor in connection with a construction contract. (1973, c. 1194, s. 1.)
NC Gen Stat § 44A-26 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 3 - Model Payment and Performance Bond.|§ 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 dollars ($50,000); provided that, for State departments, State agencies, and The University of North Carolina and its constituent institutions, a performance and payment bond is required in accordance with this subsection if the total amount of construction contracts awarded for any one project exceeds five hundred thousand dollars ($500,000). In the discretion of the contracting body, a performance and payment bond may be required on any construction contract as follows:(1) A performance bond in the amount of one hundred percent (100%) of the construction contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. Such bond shall be solely for the protection of the contracting body that is constructing the project.(2) A payment bond in the amount of one hundred percent (100%) of the construction contract amount, conditioned upon the prompt payment for all labor or materials for which a contractor or subcontractor is liable. The payment bond shall be solely for the protection of the persons furnishing materials or performing labor for which a contractor, subcontractor, or construction manager at risk is liable.(b) The performance bond and the payment bond shall be executed by one or more surety companies legally authorized to do business in the State of North Carolina and shall become effective upon the awarding of the construction contract.  (1973, c. 1194, s. 1; 1983, c. 818; 1987 (Reg. Sess., 1988), c. 1108, s. 10; 1995, c. 367, s. 3; 2001-496, s. 7; 2010-148, s. 1.)
NC Gen Stat § 44A-28 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 3 - Model Payment and Performance Bond.|§ 44A-28 - Actions on payment bonds; venue and limitations.

 44A-28. Actions on payment bonds; venue and limitations.(a) Every action on a payment bond as provided in G.S. 44A-27 shall be brought in a court of appropriate jurisdiction in a county where the construction contract or any part thereof is to be or has been performed.(b) No action on a payment bond shall be commenced after the expiration of the longer period of one year from the day on which the last of the labor was performed or material was furnished by the claimant, or one year from the day on which final settlement was made with the contractor. (1973, c. 1194, s. 1.)
NC Gen Stat § 44A-29 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 3 - Model Payment and Performance Bond.|§ 44A-29 - Limitation of liability of a surety.

 44A-29. Limitation of liability of a surety.No surety shall be liable under a payment bond for a total amount greater than the face amount of the payment bond. A judgment against any surety may be reduced or set aside upon motion by the surety and a showing that the total amount of claims paid and judgments previously rendered under such payment bond, together with the amount of the judgment to be reduced or set aside, exceeds the face amount of the bond. (1973, c. 1194, s. 1.)
NC Gen Stat § 44A-30 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 3 - Model Payment and Performance Bond.|§ 44A-30 - Variance of liability; contents of bond.

 44A-30. Variance of liability; contents of bond.(a) No act of or agreement between a contracting body, a contractor or a surety shall reduce the period of time for giving notice under G.S. 44A-27(b) or commencing action under G.S. 44A-28(b) or otherwise reduce or limit the liability of the contractor or surety as prescribed in this Article.(b) Every bond given by a contractor to a contracting body pursuant to this Article shall be conclusively presumed to have been given in accordance herewith, whether or not such bond be so drawn as to conform to this Article. This Article shall be conclusively presumed to have been written into every bond given pursuant thereto. (1973, c. 1194, s. 1.)
NC Gen Stat § 44A-31 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 3 - Model Payment and Performance Bond.|§ 44A-31 - Certified copy of bond and contract.

 44A-31. Certified copy of bond and contract.(a) Any person entitled to bring an action or any defendant in an action on a payment bond shall have a right to require the contracting body to certify and furnish a copy of the payment bond and of the construction contract covered by the bond. It shall be the duty of such contracting body to give any such person a certified copy of the payment bond and the construction contract upon not less than 10 days' notice and request. The contracting body may require a reasonable payment for the actual cost of furnishing the certified copy.(b) A copy of any payment bond and of the construction contract covered by the bond certified by the contracting body shall constitute prima facie evidence of the contents, execution and delivery of such bond and construction contract. (1973, c. 1194, s. 1.)
NC Gen Stat § 44A-32 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 3 - Model Payment and Performance Bond.|§ 44A-32 - Designation of official; violation a misdemeanor.

 44A-32. Designation of official; violation a misdemeanor.Each contracting body shall designate an official thereof to require the bonds described by this Article. If the official so designated shall fail to require said bond, he shall be guilty of a Class 1 misdemeanor. (1973, c. 1194, s. 1; 1993, c. 539, s. 407; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 44A-34 (2021)
2021 North Carolina General Statutes|Chapter 44A - Statutory Liens and Charges|Article 3 - Model Payment and Performance Bond.|§ 44A-34 - Construction of Article.

 44A-34. Construction of Article.The addition of this Article shall not be construed as making the provisions of Articles 1 and 2 of Chapter 44A of the General Statutes apply to public bodies or public buildings. (1973, c. 1194, s. 3.)