North Carolina
Lien Waiver Forms
North Carolina Lien Waivers: No Statutory Form, but Broad Progress Waivers Are Void
State Rules
How North Carolina treats lien waivers
North Carolina does not prescribe a lien waiver form and leaves content unregulated, so our general-purpose conditional and unconditional waivers for progress and final payments apply, with no notarization required. Advance waivers made in anticipation of and in consideration for the awarding of the contract are unenforceable under N.C. Gen. Stat. § 44A-12(f), and under N.C. Gen. Stat. § 22B-5 a waiver required as a condition of a progress payment is void unless limited to the specific payment actually received. Final-payment waivers and written settlements of disputed claims identified by the claimant sit outside the § 22B-5 restriction.
North Carolina lien waiver forms we generate
Four house forms cover every payment on a North Carolina project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
Signing a lien waiver in North Carolina
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in North Carolina, built into every waiver we generate.
Advance waivers
N.C. Gen. Stat. § 44A-12(f): an agreement to waive the right to file a claim of lien on real property, or to serve a notice of claim of lien upon funds, made in anticipation of and in consideration for the awarding of the contract is against public policy and unenforceable. N.C. Gen. Stat. § 22B-5 additionally voids any requirement that a waiver be furnished as a condition of an interim or progress payment unless the waiver is limited to the specific interim or progress payment actually received (final-payment waivers and written settlements of identified disputed claims are excepted).
North Carolina execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in North Carolina.
- ✓ Witness: not required in North Carolina.
- ✓ E-signature: available. Send North Carolina waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Create a free North Carolina lien waiver
The correct North Carolina form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
Working in another state?
Every state's waiver rules are different. Check before you sign.