North Carolina § 22B-5 Waiver of liens or claims as a condition of progress payment invalid

North Carolina Statutes

§ 22B-5 — Waiver of liens or claims as a condition of progress payment invalid

North Carolina § 22B-5

Ch. 22BContracts Against Public Policy

Art. 1Invalid Agreements

This text of North Carolina § 22B-5 (Waiver of liens or claims as a condition of progress payment invalid) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 22B-5 (2026).

Text

(a)Provisions in lien waivers, releases, construction agreements as defined in G.S. 22B-1(f)(1), or design professional agreements as defined in G.S. 22B-1(f)(5) purporting to require a promisor to submit a waiver or release of liens or claims as a condition of receiving interim or progress payments due from a promisee under a construction agreement or design professional agreement are void and unenforceable unless limited to the specific interim or progress payment actually received by the promisor in exchange for the lien waiver.

(b)This section does not apply to the following:

(1)Lien waivers or releases for final payments.

(2)Agreements to settle and compromise disputed claims after the claim has been identified by the claimant in writing regardless of whether the promisor has init

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(a) Provisions in lien waivers, releases, construction agreements as defined in G.S. 22B-1(f)(1), or design professional agreements as defined in G.S. 22B-1(f)(5) purporting to require a promisor to submit a waiver or release of liens or claims as a condition of receiving interim or progress payments due from a promisee under a construction agreement or design professional agreement are void and unenforceable unless limited to the specific interim or progress payment actually received by the promisor in exchange for the lien waiver.
(b) This section does not apply to the following:
(1) Lien waivers or releases for final payments.
(2) Agreements to settle and compromise disputed claims after the claim has been identified by the claimant in writing regardless of whether the promisor has initiated a civil action or arbitration proceeding. (2022-1, s. 3(a).)