§ 44A-27 – Actions on payment bonds; service of notice.
44A-27. Actions on payment bonds; service of notice. (a) Subject to the provision of subsection (b) hereof, any claimant who has performed labor or furnished materials in the prosecution of the work required by any contract for which a payment bond has been given pursuant to the provisions of this Article, and who has not […]
§ 44A-28 – Actions on payment bonds; venue and limitations.
44A-28. Actions on payment bonds; venue and limitations. (a) Every action on a payment bond as provided in G.S. 44A-27 shall be brought in a court of appropriate jurisdiction in a county where the construction contract or any part thereof is to be or has been performed. (b) No action on a payment bond shall […]
§ 44A-29 – Limitation of liability of a surety.
44A-29. Limitation of liability of a surety. No surety shall be liable under a payment bond for a total amount greater than the face amount of the payment bond. A judgment against any surety may be reduced or set aside upon motion by the surety and a showing that the total amount of claims paid […]
§ 44A-30 – Variance of liability; contents of bond.
44A-30. Variance of liability; contents of bond. (a) No act of or agreement between a contracting body, a contractor or a surety shall reduce the period of time for giving notice under G.S. 44A-27(b) or commencing action under G.S. 44A-28(b) or otherwise reduce or limit the liability of the contractor or surety as prescribed in […]
§ 44A-31 – Certified copy of bond and contract.
44A-31. Certified copy of bond and contract. (a) Any person entitled to bring an action or any defendant in an action on a payment bond shall have a right to require the contracting body to certify and furnish a copy of the payment bond and of the construction contract covered by the bond. It shall […]
§ 44A-32 – Designation of official; violation a misdemeanor.
44A-32. Designation of official; violation a misdemeanor. Each contracting body shall designate an official thereof to require the bonds described by this Article. If the official so designated shall fail to require said bond, he shall be guilty of a Class 1 misdemeanor. (1973, c. 1194, s. 1; 1993, c. 539, s. 407; 1994, Ex. […]
§ 44A-24.7 – Lien claimant to mail copy of notice of lien to owner by certified mail.
44A-24.7. Lien claimant to mail copy of notice of lien to owner by certified mail. Any lien claimant who files a lien on commercial real estate pursuant to the provisions of this Part shall mail a copy of the notice of the lien to the owner of the commercial real estate by certified mail, return […]
§ 44A-24.8 – Enforcing lien.
44A-24.8. Enforcing lien. A lien claimant may bring suit to enforce a lien which attaches pursuant to the provisions of this Part in any court of competent jurisdiction in the county where the commercial real estate is located. The lien claimant shall commence proceedings within 18 months after filing the lien, and failure to commence […]
§ 44A-24.9 – Complaint; content; parties' foreclosure action; procedure.
44A-24.9. Complaint; content; parties’ foreclosure action; procedure. (a) A complaint filed pursuant to the provisions of this section and G.S. 44A-24.8 shall contain all of the following: (1) A statement of the terms of the written agreement for broker services on which the lien is based or a copy of the written contract or agreement. […]
§ 44A-24.10 – Lien extinguished for lien claimant failing to file suit or answer in pending suit within 30 days after service on owner.
44A-24.10. Lien extinguished for lien claimant failing to file suit or answer in pending suit within 30 days after service on owner. If a lien claimant fails to file a suit to enforce the lien or fails to file an answer in a pending suit to enforce a lien within 30 days after a properly […]