N.C. Gen. Stat. » Chapter 44A
NC General Statutes

N.C. Gen. Stat. § 44A-28 (2026)

Actions on payment bonds; venue and limitations

✓ current as of July 2026
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(a) Every action on a payment bond as provided in G.S. 44A-27 shall be brought in a court of appropriate jurisdiction in a county where the construction contract or any part thereof is to be or has been performed.

(b) No action on a payment bond shall be commenced after the expiration of the longer period of one year from the day on which the  last of the labor was performed or material was furnished by the claimant, or one year from the day on which final settlement was made with the contractor. (1973, c. 1194, s. 1.)

 

Notes of Decisions
Cited in 7 cases, 1984–2003 · leading case: Pyco Supply Co. Inc. v. Am. Centennial Ins. Co., 354 S.E.2d 360 (N.C. Ct. App. 1987).
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Pyco Supply Co. Inc. v. Am. Centennial Ins. Co., 354 S.E.2d 360 (N.C. Ct. App. 1987). · cites it 64× “44A-28(b) is a procedural statute of limitation or a substantive statute of repose; 2) whether plaintiff's amended complaint relates back to the date of plaintiff's original complaint under N.”
Tipton & Young Constr. Co. v. Blue Ridge Structure Co., 446 S.E.2d 603 (N.C. Ct. App. 1994). · cites it 22× “Having determined that section 44A-28 is a statute of repose, we must now determine whether it is an affirmative defense or a condition precedent.”
Pyco Supply Co. v. Am. Centennial Ins., 364 S.E.2d 380 (N.C. 1988). · cites it 18× “Defendant also pleaded the limitation contained in N.C.G.S. § 44A-28(b), alleging: Any action by the plaintiff with reference to the bonds issued on contracts 1 or 4 was commenced after the time permitted by the above-quoted statute which is hereby pleaded in bar of any recovery…”
McClure Estimating Co. v. H. G. Reynolds Co., 523 S.E.2d 144 (N.C. Ct. App. 1999). · cites it 24× “” N.C. Gen. Stat. § 44A-28(a) (1995). The federal Miller Act requires payment bond claims to be brought in “any district in which the contract was to be performed and executed and not elsewhere.”
Town of Pineville v. Atkinson/Dyer/Watson Architects, P.A., 442 S.E.2d 73 (N.C. Ct. App. 1994). · cites it 2× “N.C. Gen. Stat. § 44A-28(b) (1989). However, in contrast to the provisions governing payment bonds, our public bond statute does not specify alimitations period *500 for performance bonds.”
Cencomp, Inc. v. Webcon, Inc., 579 S.E.2d 482 (N.C. Ct. App. 2003). · cites it 8× “The court granted Fidelity’s motion for summary judgment, finding the suit was time-barred because: (1) N.C. Gen. Stat. § 44A-28(b) required Phillips file its claim on the bond within one year after the City and Webcon reached a “final settlement;” (2) a final settlement…”
Mid-South Constr. Co. v. Wilson, 322 S.E.2d 418 (N.C. Ct. App. 1984). “The defendant argues further that he is required by G.S. 44A-28 to bring his claim against the plaintiff in Mecklenburg County and that he must under G.”
N.C. Gen. Stat. § 44A-28(a): 1 case
McClure Estimating Co. v. H. G. Reynolds Co., 523 S.E.2d 144 (N.C. Ct. App. 1999). “” N.C. Gen. Stat. § 44A-28(a) (1995). The federal Miller Act requires payment bond claims to be brought in “any district in which the contract was to be performed and executed and not elsewhere.”
N.C. Gen. Stat. § 44A-28(b): 5 cases
Pyco Supply Co. Inc. v. Am. Centennial Ins. Co., 354 S.E.2d 360 (N.C. Ct. App. 1987). “44A-28(b) is a procedural statute of limitation or a substantive statute of repose; 2) whether plaintiff's amended complaint relates back to the date of plaintiff's original complaint under N.”
Pyco Supply Co. v. Am. Centennial Ins., 364 S.E.2d 380 (N.C. 1988). “Defendant also pleaded the limitation contained in N.C.G.S. § 44A-28(b), alleging: Any action by the plaintiff with reference to the bonds issued on contracts 1 or 4 was commenced after the time permitted by the above-quoted statute which is hereby pleaded in bar of any recovery…”
Tipton & Young Constr. Co. v. Blue Ridge Structure Co., 446 S.E.2d 603 (N.C. Ct. App. 1994). “Having determined that section 44A-28 is a statute of repose, we must now determine whether it is an affirmative defense or a condition precedent.”
Town of Pineville v. Atkinson/Dyer/Watson Architects, P.A., 442 S.E.2d 73 (N.C. Ct. App. 1994). “N.C. Gen. Stat. § 44A-28(b) (1989). However, in contrast to the provisions governing payment bonds, our public bond statute does not specify alimitations period *500 for performance bonds.”
Cencomp, Inc. v. Webcon, Inc., 579 S.E.2d 482 (N.C. Ct. App. 2003). “The court granted Fidelity’s motion for summary judgment, finding the suit was time-barred because: (1) N.C. Gen. Stat. § 44A-28(b) required Phillips file its claim on the bond within one year after the City and Webcon reached a “final settlement;” (2) a final settlement…”
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