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When are the deadlines to pursue my payment bond claims?

  • A Notice of Public Subcontract must be served on contractor (he who has a contract directly with the owner) within 75 days of first furnishing.
  • If the 75-day limit is missed, then serve ASAP, but there will be a 75-day “look back” (can only recover for invoices issued in the 75 days prior to receipt of the notice).
  • If all else fails or if project is small, then there is a right to recover up to $20,000 if no notice is served.
  • Unless you have a direct contract with the contractor, demand for payment on bond must be served on the contractor on or before 120th day of last furnishing.
  • A lawsuit to perfect claim on construction payment bond should be filed within one year of last date of furnishing.

Construction Mechanics Lien 

This information applies to All Counties in North Carolina.

Source: https://hscattorneys.com/mechanics-liens-and-payment-bonds-faqs/

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