NC S255

Director of the Office of State Construction must issue a final written decision on verified construction contract claims within 120 days for claims under $100,000, 180 days for claims of $100,000 to $4,999,999, and 270 days for claims of $5,000,000 or more.

Director and contractor may mutually agree in writing to extend the deadline for issuing a final written decision before the original deadline expires.

If Director fails to issue a final written decision within the required timeframe or extended timeline, the portions of the claim not previously compromised are deemed denied, allowing contractor to pursue further relief.

Contractor may file a civil action in Superior Court of Wake County or the county where work was performed within six months of receiving Director's denial, with cases tried by judge without jury.

Law applies to construction and repair contracts with State boards and community college boards, and takes effect January 1, 2020 for claims submitted on or after that date.