Performance by a subcontractor in accordance with the provisions of its contract shall entitle it to payment from the party with whom it contracts. Payment by the owner to a contractor is not a condition precedent for payment to a subcontractor and payment by a contractor to a subcontractor is not a condition precedent for payment to any other subcontractor, and an agreement to the contrary is unenforceable.
N.C. Gen. Stat. § 22C-2
Performance by subcontractor
Applied in 7 court decisions — leading case Galloway Corp. v. S.B. Ballard Construction Co. (1995)
Most recently applied in Superior Steel, Inc. v. Ascent at Roebling's Bridge, LLC (December 2017)
1987 (Reg
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.