§ 143-134.2. Actions by contractor on behalf of subcontractor.

166 words·~1 min read·/nc/chapter-143/143-134-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.)