§ 22C-4. Conditions of payment. - North Carolina Statutes

§22C‑4.  Conditions of payment.

Nothing in this Chapter shallprevent the contractor, at the time of application and certification to theowner, from withholding such application and certification to the owner forpayment to the subcontractor for:  unsatisfactory job progress; defectiveconstruction not remedied; disputed work; third party claims filed orreasonable evidence that claim will be filed; failure of subcontractor to maketimely payments for labor, equipment, and materials; damage to contractor oranother subcontractor; reasonable evidence that subcontract cannot be completedfor the unpaid balance of the subcontract sum; or a reasonable amount forretainage not to exceed the initial percentage retained by the owner.  (1987(Reg. Sess., 1988), c. 946.)