§ 44A-27. Actions on payment bonds; service of notice. - North Carolina Statutes

§ 44A‑27.  Actions onpayment bonds; service of notice.

(a)        Subject to theprovision of subsection (b) hereof, any claimant who has performed labor orfurnished materials in the prosecution of the work required by any contract forwhich a payment bond has been given pursuant to the provisions of this Article,and who has not been paid in full therefor before the expiration of 90 daysafter the day on which the claimant performed the last such labor or furnishedthe last such materials for which he claims payment, may bring an action onsuch payment bond in his own name, to recover any amount due him for such laboror materials and may prosecute such action to final judgment and have executionon the judgment.

(b)        Any claimant whohas a direct contractual relationship with any subcontractor but has nocontractual relationship, express or implied, with the contractor may bring anaction on the payment bond only if he has given written notice to thecontractor within 120 days from the date on which the claimant performed thelast of the labor or furnished the last of the materials for which he claimspayment, stating with substantial accuracy the amount claimed and the name ofthe person for whom the work was performed or to whom the material wasfurnished.

(c)        The notice requiredby subsection (b), above, shall be served by registered or certified mail,postage prepaid, in an envelope addressed to such contractor at any place wherehis office is regularly maintained for the transaction of business or served inany manner provided by law for the service of summons. (1973, c. 1194, s. 1; 1987,c. 569; 2001‑177, s. 1; 2001‑487, s. 100.)