N.C. Gen. Stat. » Chapter 136
NC General Statutes

N.C. Gen. Stat. § 136-28.7 (2026)

Contract requirements relating to construction materials

✓ current as of July 2026
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(a) The Department of Transportation shall require that every contract for construction or repair necessary to carry out the provisions of this Chapter shall contain a provision requiring that all steel and iron permanently incorporated into the construction or repair project be produced in the United States.

(b) Subsection (a) shall not apply whenever the Department of Transportation determines in writing that this provision required by subsection (a) cannot be complied with because such products are not produced in the United States in sufficient quantities to meet the requirements of such contracts or cannot be complied with because the cost of such products produced in the United States unreasonably exceeds other such products.

(c) The Department of Transportation shall apply this section consistent with the requirements in 23 C.F.R. § 635.410(b)(4).

(d) The Department of Transportation shall not authorize, provide for, or make payments to any person pursuant to any contract containing the provision required by subsection (a) unless such person has fully complied with such provision. (1989, c. 692, s. 1.18; c. 770, ss. 74.12, 74.14, 74.15; 2002-151, s. 3.)

 

Notes of Decisions
Cited in 2 cases, 2013–2013 · leading case: Beason v. North Carolina Dep't of the Sec'y of State, 743 S.E.2d 41 (N.C. Ct. App. 2013).
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Beason v. North Carolina Dep't of the Sec'y of State, 743 S.E.2d 41 (N.C. Ct. App. 2013). · cites it 2× “This case involves the lobbying efforts of petitioner to repeal or amend N.C. Gen. Stat. § 136-28.7 (2011), commonly known as the “Buy America” law, which prohibits the North Carolina Department of Transportation from purchasing or using foreign-made steel and iron in highway…”
Beason v. North Carolina Dep't of the Sec'y of State, 742 S.E.2d 209 (N.C. Ct. App. 2013). · cites it 2× “This case involves the lobbying efforts of petitioner to repeal or amend N.C. Gen. Stat. § 136-28.7 (2011), commonly known as the “Buy America” law, which prohibits the North Carolina Department of Transportation from purchasing or using foreign-made steel and iron in highway…”
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