136-29. Adjustment and resolution of Department of Transportation contract claim.
(a) A contractor who has completed a contract with the Department of Transportation let in accordance with Article 2 of this Chapter and who has not received the amount he claims is due under the contract may submit a verified written claim to the Secretary of Transportation for the amount the contractor claims is due. The claim shall be submitted within 60 days after the contractor receives his final statement from the Department and shall state the factual basis for the claim.
The Secretary or the Secretary's designee shall investigate a submitted claim within 90 days of receiving the claim or within any longer time period agreed to by the Secretary or the Secretary's designee and the contractor. The contractor may appear before the Secretary or the Secretary's designee, either in person or through counsel, to present facts and arguments in support of the claim. The Secretary or the Secretary's designee may allow, deny, or compromise the claim, in whole or in part. The Secretary or the Secretary's designee shall give the contractor a written statement of the decision on the contractor's claim.
(b) A contractor who is dissatisfied with the Secretary or the Secretary's designee's decision on the contractor's claim may commence a contested case on the claim under Chapter 150B of the General Statutes. The contested case shall be commenced within 60 days of receiving the written statement of the decision.
(c) As to any portion of a claim that is denied by the Secretary or the Secretary's designee, the contractor may, in lieu of the procedures set forth in subsection (b) of this section, within six months of receipt of the final decision, institute a civil action for the sum he claims to be entitled to under the contract by filing a verified complaint and the issuance of a summons in the Superior Court of Wake County or in the superior court of any county where the work under the contract was performed. The procedure shall be the same as in all civil actions except that all issues shall be tried by the judge, without a jury.
(d) The provisions of this section shall be part of every contract let in accordance with Article 2 of this Chapter between the Department of Transportation and a contractor. A provision in a contract that conflicts with this section is invalid. (1939, c. 318; 1947, c. 530; 1957, c. 65, s. 11; 1963, c. 667; 1965, c. 55, s. 11; 1967, c. 873; 1973, c. 507, ss. 5, 17, 18; 1977, c. 464, s. 7.1; 1983, c. 761, s. 191; 1987, c. 847, s. 3; 2009-266, s. 16.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Powers and Duties of Department and Board of Transportation.
§ 136-17.2 - Members of the Board of Transportation represent entire State.
§ 136-18 - Powers of Department of Transportation.
§ 136-18.01 - Consultation required for welcome and visitor centers.
§ 136-18.02 - Operation of electric vehicle charging stations at rest stops; report.
§ 136-18.03 - Outside counsel.
§ 136-18.04 - Product Evaluation Program.
§ 136-18.05 - Establishment of "DOT Report" Program.
§ 136-18.06 - Public Street Information Database.
§ 136-18.07 - Subdivision Roads Manual.
§ 136-18.3 - Location of garbage collection containers by counties and municipalities.
§ 136-18.3A - Wireless communications infrastructure.
§ 136-18.4 - Provision and marking of "pull-off" areas.
§ 136-18.5 - Wesley DWebster Highway.
§ 136-18.5A - Purple Heart Memorial Highway.
§ 136-18.5B - Dale Earnhardt Highway.
§ 136-18.5C - The U.SMarine Corps HighwayHome of Carolina-Based Marines since 1941.
§ 136-18.6 - Cutting down trees.
§ 136-19.3 - Acquisition of buildings.
§ 136-19.4 - Registration of right-of-way plans.
§ 136-19.4A - Required surveying information in certain acquisition plans.
§ 136-19.5 - Utility right-of-way agreements.
§ 136-19.6 - Right-of-Way Claim Report.
§ 136-20 - Elimination or safeguarding of grade crossings and inadequate underpasses or overpasses.
§ 136-21 - Drainage of highway; application to court; summons; commissioners.
§ 136-22 - View by commissioners; report; judgment.
§ 136-25 - Repair of road detour.
§ 136-27 - Connection of highways with improved streets; pipelines and conduits; cost.
§ 136-27.3 - Relocation of municipalities' utilities by Department; repayment by municipalities.
§ 136-27.3A - Relocation of automatic license plate reader systems.
§ 136-27.4 - Use of certain right-of-way for sidewalk dining.
§ 136-28.1 - Letting of contracts to bidders after advertisement; exceptions.
§ 136-28.2 - Relocated transportation infrastructure; contracts let by others.
§ 136-28.5 - Construction diaries; bid analysis and management system.
§ 136-28.6 - Participation by the Department of Transportation with private developers.
§ 136-28.6A - Partnerships with private developers.
§ 136-28.6B - Applicable stormwater regulation.
§ 136-28.7 - Contract requirements relating to construction materials.
§ 136-28.8 - Use of recycled materials in construction.
§ 136-28.9 - Retainage - construction contracts.
§ 136-28.10 - Highway Fund and Highway Trust Fund Small Project Bidding.
§ 136-28.11 - Design-build construction of transportation projects.
§ 136-28.12 - Litter removal coordinated with mowing of highway rights-of-way.
§ 136-28.13 - Participation in the energy credit banking and selling program.
§ 136-28.14 - Project contractor licensing requirements.
§ 136-28.15 - Diesel vehicles purchase warranty requirement.
§ 136-29 - Adjustment and resolution of Department of Transportation contract claim.
§ 136-30.1 - Center line and pavement edge line markings.
§ 136-32 - Regulation of signs.
§ 136-32.1 - Misleading signs prohibited.
§ 136-32.2 - Placing blinding, deceptive or distracting lights unlawful.
§ 136-32.3 - Litter enforcement signs.
§ 136-33 - Damaging or removing signs; rewards.
§ 136-33.1 - Signs for protection of cattle.
§ 136-33.2A - Signs marking beginning of reduced speed zones.
§ 136-34 - Department of Transportation authorized to furnish road equipment to municipalities.
§ 136-35 - Cooperation with other states and federal government.
§ 136-41.1 - Appropriation to municipalities; allocation of funds generally; allocation to Butner.
§ 136-41.2 - Eligibility for funds; municipalities incorporated since January 1, 1945.
§ 136-41.2A - Eligibility for funds; municipalities incorporated before January 1, 1945.
§ 136-41.2B - Eligibility for funds; municipalities with no road miles ineligible.
§ 136-41.4 - Municipal use of allocated funds; election.
§ 136-41.5 - Annual report on use of Bicycle and Pedestrian Planning Grant funds.
§ 136-42 - Transferred to G.S.2 by Session Laws 1971, c345, s2.
§ 136-42.1 - Archaeological objects on highway right-of-way.
§ 136-42.2 - Markers on highway; cooperation of Department of Transportation.
§ 136-42.3 - Historical marker program.
§ 136-43 - Transferred to § 136-42.3 by Session Laws 1971, c345, s2.
§ 136-43.1 - Procedure for correction and relocation of historical markers.