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

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

(a)        A contractor may, on behalf of a subcontractor of any tierunder the contractor, file an action against an owner regarding a claim arisingout of or relating to labor, materials, or services furnished by thesubcontractor to the contractor pursuant to a contract between thesubcontractor and the contractor for the same project that is the subject ofthe contract between the contractor and the owner.

(b)        In any action filed by a contractor against an owner undersubsection (a) of this section, it shall not be a defense that the costs anddamages at issue were incurred by a subcontractor and that subcontractor hasnot been paid for these costs and damages. The owner shall not be required to paythe contractor for the costs and damages incurred by a subcontractor, unlessthe subcontractor submits proof to the court that the contractor has paid thesecosts and damages to the subcontractor. (1997‑489, s. 1.)