NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 667

HOUSE BILL 668

 

 

AN ACT TO AMEND G.S. 136-29 RELATING TO CONTRACTORS' CLAIMS AGAINST THE NORTH CAROLINA STATE HIGHWAY COMMISSION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 136-29 is hereby rewritten to read as follows:

"Sec. 136-29.  Adjustment of Claims. (1) Upon the completion of any contract for the construction of any State highway awarded by the State Highway Commission to any contractor, if the contractor fails to receive such settlement as he claims to be entitled to under his contract, he may, within sixty (60) days from the time of receiving his final estimate, submit to the Director of the State Highway Commission a written and verified claim for such amount as he deems himself entitled to under the said contract setting forth the facts upon which said claim is based. In addition, the claimant, either in person or through counsel, may appear before the Director of the State Highway Commission and present any additional facts and argument in support of his claim. Within ninety (90) days from the receipt of the said written claim the Director of the Highway Commission shall make an investigation of said claim and with the approval of the Highway Commission may allow all or any part or may deny said claim and shall have the authority to reach a compromise agreement with the contractor and shall notify the contractor in writing of his decision.

"(2)      As to such portion of the claim as is denied by the Director of the State Highway Commission, the contractor may, within six (6) months from receipt of said decision, institute a civil action for such sum as he claims to be entitled to under said contract by the filing of a verified complaint and issuance of summons in the Superior Court of Wake County or in the Superior Court of any county wherein the work under said contract was performed. The procedure shall be the same as in all civil actions except as herein and as hereinafter set out.

"(3)      All issues of law and fact and every other issue shall be tried by the Judge, without a jury; provided that the matter may be referred in the instances and in the manner provided for in Article 20 of Chapter 1 of the General Statutes.

"(4)      The submission of the claim to the Director of the State Highway Commission within the time and as set out in paragraph (1) of this Section and the filing of an action in the Superior Court within the time as set out in paragraph (2) of this Section shall be a condition precedent to bringing such an action under this Section and shall not be a Statute of limitations.

"(5)      The provisions of this Section shall be deemed to enter into and form a part of every contract entered into between the State Highway Commission and any contractor, and no provision in said contracts shall be valid that is in conflict herewith."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed except that as to those actions or proceedings pending upon the effective date of this Act the present provisions of the law shall remain in full force and effect until such actions or proceedings are concluded.

Sec. 3.  This Act shall be in full force and effect upon its ratification.

In the General Assembly read three times and ratified, this the 4th day of June, 1963.