N.C. Gen. Stat. » Chapter 22C
NC General Statutes

N.C. Gen. Stat. § 22C-2 (2026)

Performance by subcontractor

✓ current as of July 2026
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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.  (1987 (Reg. Sess., 1988), c. 946; 1991, c. 620.)

 

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1988–2023 · leading case: Superior Steel, Inc. v. Ascent at Roebling's Bridge, LLC, 540 S.W.3d 770 (Mo. Ct. App. 2017).
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Superior Steel, Inc. v. Ascent at Roebling's Bridge, LLC, 540 S.W.3d 770 (Mo. Ct. App. 2017). “N.C. Gen. Stat. § 22C-2 (West, Westlaw through 2016-2017 Legis.”
Am. Nat'l Elec. Corp. v. Poythress Com. Contractors, Inc., 604 S.E.2d 315 (N.C. Ct. App. 2004). · cites it 2× “” N.C. Gen. Stat. § 22C-2 (2003). “When a contract contains provisions which are severable from an illegal provision and are in no way dependent upon the enforcement of the illegal provision for their validity, such provisions may be enforced.”
United States ex rel. TGK Enter., Inc. v. Clayco, Inc., 978 F. Supp. 2d 540 (E.D.N.C. 2013). · cites it 2× “(“Clayco”) on the basis of breach of contract, N.C. Gen.Stat. § 22C-2 et seq., and unjust enrichment.”
Galloway Corp. v. S.B. Ballard Constr. Co., 464 S.E.2d 349 (Va. 1995). “, N.C. Gen. Stat. § 22C-2 (1994). We find the reasoning of the Dyer decision to be sound and in concert with traditional notions of the freedom to contract.”
Statesville Roofing & Heating Co., Inc. v. Duncan, 702 F. Supp. 118 (W.D.N.C. 1988). · cites it 2× “” Section 22C-2 thereof specifies that: Performance by a subcontractor in accordance with the provisions of its contract shall entitle it to payment from the party with whom it contracts.”
Wm. R. Clarke Corp. v. Safeco Ins. of Am., 938 P.2d 372 (Cal. 1997). “We granted review in this case to determine whether a subcontractor may collect on a general contractor’s payment bond for work it has performed under a contract containing a pay if paid provision when the owner has not paid the general contractor.”
Moore Bros. Co v. Brown & Root Inc, 207 F.3d 717 (4th Cir. 2000). “I first address Highlands' argument that the district court erred in granting summary judgment against it.”
The Ascent at Roebling's Bridge, LLC v. Superior Steel, Inc. (Ky. 2017). “N.C. Gen. Stat.§ 22C-2 (West, Westlaw through 2016-2017 Legis.”
Superior Steel, Inc. v. The Ascent at Roebling's Bridge, LLC (Ky. 2017). “N.C. Gen. Stat.§ 22C-2 (West, Westlaw through 2016-2017 Legis.”
Dugan & Meyers Constr. Co. v. The Ascent at Roebling's Bridge, LLC (Ky. 2017). “N.C. Gen. Stat.§ 22C-2 (West, Westlaw through 2016-2017 Legis.”
Ags Contracting LLC v. Outside the Box LLC (M.D. Ga. 2023). “1) which alleges that Plaintiff is entitled to recover under the North Carolina Prompt Payment Act codified at N.C.G.S. § 22C-2. Plaintiff has failed to make arguments in opposition to 3 This Court’s review of Eleventh Circuit authority has not revealed a case which directly…”
Miller & Long, Inc. v. Intracoastal Living, LLC, 2011 NCBC 17 (N.C. Bus. Ct. 2011). “[25] G.S. 22C-2 provides that “[p]erformance by a subcontractor in accordance with the provisions of its contract shall entitle it to payment from the party with whom it contracts.”
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