North Carolina § 44A-7 - Definitions.

§ 44A-7. Definitions.

Unless the context otherwise requires, the following definitions apply in this Article: Contractor. - A person who contracts with an owner to improve real property. First tier subcontractor. - A person who contracts with a contractor to improve real property. Improve. - To build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any real property, or to excavate, clear, grade, fill or landscape any real property, or to construct driveways and private roadways, or to furnish materials, including trees and shrubbery, for any of such purposes, or to perform any labor upon such improvements, and shall also mean and include any design or other professional or skilled services furnished by architects, engineers, land surveyors and landscape architects registered under Chapter 83A, 89A or 89C of the General Statutes, and rental of equipment directly utilized on the real property in making the improvement. Improvement. - All or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and private roadways, on real property. Inspection department. - Any city or county building inspection department authorized by Chapter 160A or Chapter 153A of the General Statutes. Lien agent. - A title insurance company or title insurance agency designated by an owner pursuant to G.S. 44A-11.1. Obligor. - An owner, contractor, or subcontractor in any tier who owes money to another as a result of the other's partial or total performance of a contract to improve real property. Owner. - A person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. "Owner" includes successors in interest of the owner and agents of the owner acting within their authority. Potential lien claimant. - Any person entitled to claim a lien for improvements to real property under this Article who is subject to G.S. 44A-11.1. Real property. - The real estate that is improved, including lands, leaseholds, tenements and hereditaments, and improvements placed thereon. Second tier subcontractor. - A person who contracts with a first tier subcontractor to improve real property. Third tier subcontractor. - A person who contracts with a second tier subcontractor to improve real property. History (1969, c. 1112, s. 1; 1975, c. 715, s. 1; 1985, c. 689, s. 13; 1995 (Reg. Sess., 1996), c. 607, s. 1; 2012-158, s. 1; 2012-175, s. 1.) Editor's Note. - Session Laws 2012-158, s. 7, made subdivisions (4a), (4b), and (6a) of this section, as added by Session Laws 2012-158, s. 1, applicable to improvements to real property affected hereby for which the first furnishing of labor or materials at the site of the improvements is on or after April 1, 2013. Session Laws 2012-175, s. 13, made the amendment to this section by Session Laws 2012-175, s. 1, applicable to improvements to real property for which the first permit required to be obtained is obtained on or after January 1, 2013 or, with respect to projects for which no permit is required, apply to improvement to real property commenced on or after January 1, 2013. Effect of Amendments. - Session Laws 2005-229, s. 1, effective October 1, 2005, and applicable to claims of lien on real property filed and notices of claims of lien upon funds served on or after that date, made a minor stylistic change in the part heading. Session Laws 2012-158, s. 1, effective April 1, 2013, added subdivisions (4a), (4b), and (6a). For applicability, see editor's note. Session Laws 2012-175, s. 1, effective January 1, 2013, added subdivisions (1), (2), (5), (8) and (9) and redesignated the remaining subdivisions accordingly; substituted "requires, the following definitions apply in this Article" for "requires in this Article" at the end of the introductory paragraph; and made stylistic and punctuation changes throughout the list of definitions. For applicability, see editor's note. Legal Periodicals. - For survey of 1977 law on civil procedure, see 56 N.C.L. Rev. 874 (1978). For comment on materialmen's liens in North Carolina, see 61 N.C.L. Rev. 926 (1983). For article, "North Carolina Construction Law Survey II," see 22 Wake Forest L. Rev. 481 (1987). For note, "Mechanics' Liens - Judicial Legislation at Work: Changes in the Mechanics' Lien Law of North Carolina after Electric Supply Co. v. Swain Electrical Co.," see 27 Wake Forest L. Rev. 1033 (1992).