§ 143-135.6. Adjustment and resolution of community college board construction contract claim. - North Carolina Statutes

§ 143‑135.6. Adjustment and resolution of community college board construction contractclaim.

(a)        A contractor who has not completed a contract with a boardof a community college for construction or repair work and who has not receivedthe amount he claims is due under the contract may follow the claims procedurein G.S. 143‑135.3(b) that is available to a contractor who has contractedwith a State board.

(b)        A contractor who has completed a contract with a board of acommunity college for construction or repair work and who has not received theamount he claims is due under the contract may follow the same claims procedurein G.S. 143‑135.3(c) that is available to a contractor who has contractedwith a State board.

(c)        A contractor who is dissatisfied with the Director'sdecision on any portion of a claim submitted pursuant to subsection (b) of thissection may, within six months of receipt of the Director's final decision,institute a civil action for the sum he claims to be entitled to under thecontract in the Superior Court of Wake County or in the superior court of anycounty where the work under the contract was performed.  The procedure shall bethe same as in all civil actions except that all issues shall be tried by thejudge, without a jury. A contractor may not commence an action under Chapter150B of the General Statutes.

(d)        The provisions of this section are part of every contractfor construction or repair work made by a board of a community college and acontractor.  A provision in a contract that conflicts with this section isinvalid.

(e)        For the purposes of this section, the following definitionsshall apply, unless the context indicates otherwise:

(1)        "Community college" has the same meaning as inG.S. 115D‑2(2).

(2)        "Contract for construction or repair work" has thesame meaning as in G.S. 143‑135.3(a).

(3)        "Contractor" means any person, firm, association,or corporation which has contracted for architectural, engineering, or otherprofessional services in connection with construction or repair work, as wellas those persons who have contracted to perform the construction or repairwork.

(f)         The provisions of this section are applicable only tocommunity college buildings subject to G.S. 143‑341(3). (1989, c. 40, s. 2.)