143-134.2. Actions by contractor on behalf of subcontractor.
(a) A contractor may, on behalf of a subcontractor of any tier under the contractor, file an action against an owner regarding a claim arising out of or relating to labor, materials, or services furnished by the subcontractor to the contractor pursuant to a contract between the subcontractor and the contractor for the same project that is the subject of the contract between the contractor and the owner.
(b) In any action filed by a contractor against an owner under subsection (a) of this section, it shall not be a defense that the costs and damages at issue were incurred by a subcontractor and that subcontractor has not been paid for these costs and damages. The owner shall not be required to pay the contractor for the costs and damages incurred by a subcontractor, unless the subcontractor submits proof to the court that the contractor has paid these costs and damages to the subcontractor. (1997-489, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
§ 143-128 - Requirements for certain building contracts.
§ 143-128.1 - Construction management at risk contracts.
§ 143-128.1A - Design-build contracts.
§ 143-128.1B - Design-build bridging contracts.
§ 143-128.1C - Public-private partnership construction contracts.
§ 143-128.2 - Minority business participation goals.
§ 143-128.3 - Minority business participation administration.
§ 143-128.4 - Historically underutilized business defined; statewide uniform certification.
§ 143-129 - Procedure for letting of public contracts.
§ 143-129.1 - Withdrawal of bid.
§ 143-129.3 - Exemption of General Assembly from certain purchasing requirements.
§ 143-129.4 - Guaranteed energy savings contracts.
§ 143-129.5 - Purchases from nonprofit work centers for the blind and severely disabled.
§ 143-129.6 - Exemption for certain training projects of the North Carolina National Guard.
§ 143-129.7 - Purchase with trade-in of apparatus, supplies, materials, and equipment.
§ 143-129.8 - Purchase of information technology goods and services.
§ 143-129.8A - Purchase of certain goods and services for the North Carolina Zoological Park.
§ 143-129.9 - Alternative competitive bidding methods.
§ 143-130 - Allowance for convict labor must be specified.
§ 143-131 - When counties, cities, towns and other subdivisions may let contracts on informal bids.
§ 143-132 - Minimum number of bids for public contracts.
§ 143-133 - No evasion permitted.
§ 143-133.3 - E-verify compliance.
§ 143-133.5 - Public contracts; labor organizations.
§ 143-134.1 - Interest on final payments due to prime contractors; payments to subcontractors.
§ 143-134.2 - Actions by contractor on behalf of subcontractor.
§ 143-134.3 - No damage for delay clause.
§ 143-135 - Limitation of application of Article.
§ 143-135.2 - Contracts for restoration of historic buildings with private donations.
§ 143-135.3 - Adjustment and resolution of State board construction contract claim.
§ 143-135.6 - Adjustment and resolution of community college board construction contract claim.
§ 143-135.7 - Safety officers.