Prompt payment

North Carolina prompt payment act and retainage rules

North Carolina makes GCs pay subs within 7 days of being paid on both private and public jobs, charges 1 percent per month on late payments, and makes pay-if-paid clauses unenforceable. Public projects of $100,000 or more cap retainage at 5 percent, stop it at 50 percent complete, and release it within 60 days of substantial completion.

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Review invoices, committed costs, and cash timing together before making project decisions. AI-generated illustration.

North Carolina's payment rules come from two places. Chapter 22C of the General Statutes sets the subcontractor payment rules that govern private commercial work: subs get paid within 7 days after the contractor is paid, late payments earn 1 percent per month, and owner payment to the GC is not a condition precedent to paying the sub (§ 22C-2). Public construction runs under G.S. 143-134.1: final payment to primes within 45 days of acceptance, the same 7-day flow-down, and retainage capped at 5 percent on projects of $100,000 or more, with none allowed below that. Chapter 22C does not set a deadline for a private owner to pay the GC, so the contract controls that tier.

North Carolina payment and retainage rules at a glance
RulePrivate work (G.S. Chapter 22C)Public work (G.S. 143-134.1)
Owner pays primeNot set by Chapter 22C; contract terms governFinal payment within 45 days of acceptance, certification, or occupancy, whichever is first; periodic payments per contract
Prime pays sub7 days after each periodic or final payment is received (§ 22C-3)7 days after each periodic or final payment is received
Late interest1 percent per month from the eighth day (§ 22C-5)1 percent per month from the 46th day on final payment; from the eighth day on sub payments
Pay-if-paidOwner payment is not a condition precedent; contrary agreements unenforceable (§ 22C-2)Statute ties the sub's 7 days to receipt of payment
Retainage capSub retainage may not exceed the owner's initial percentage (§ 22C-4)None under $100,000. 5 percent at $100,000 and up; no further retainage after 50 percent complete if performance is satisfactory
Retainage releaseContract termsWithin 60 days after a pay request following substantial completion or beneficial occupancy, with surety consent
Early tradesContract termsStructural steel, piling, caisson, and demolition paid out when 100 percent done by the 50 percent mark, retainage cut to 0.5 percent

Private work: Chapter 22C and the pay-if-paid ban

Section 22C-2 is the rule subs remember. A subcontractor that performs under its contract is entitled to payment from the party it contracted with. Payment by the owner to the GC is not a condition precedent to payment of the sub, payment by a GC to one sub is not a condition precedent to paying another, and any agreement to the contrary is unenforceable. That takes the teeth out of a pay-if-paid clause on a covered job.

Timing comes from § 22C-3: within 7 days of receiving each periodic or final payment, the contractor pays the sub the amount attributable to its work. If the money is more than 7 days late, § 22C-5 adds interest from the eighth day at 1 percent per month or fraction of a month. Say an electrical sub has $62,000 approved on a Charlotte office building and the GC sits on it for 15 days after being paid. That is 8 days late and a full month's interest under the fraction rule: $620.

  • Allowed withholding (§ 22C-4): unsatisfactory progress, defective work not remedied, disputed work, third-party claims or reasonable evidence of one, the sub's failure to pay its own labor and suppliers, damage to the GC or another sub, reasonable evidence the sub cannot finish for the unpaid balance, and a reasonable retainage not exceeding the owner's initial percentage.
  • Residential exclusion (§ 22C-6): Chapter 22C does not apply to residential contractors as defined in G.S. 87-10(1a), to certain residential improvements exempt from Chapter 83A, or to residential projects of 12 or fewer units.

Public work: 45-day final payment and 5 percent retainage

G.S. 143-134.1 applies to public construction contracts let by state boards and political subdivisions, except Department of Transportation contracts under G.S. 136-28.1. The balance due a prime is payable within 45 days after the contract is accepted by the owner, certified complete by the designer, or occupied and used, whichever comes first. Interest of 1 percent per month starts on the 46th day unless a lower rate is agreed. Periodic payments follow the contract, with the same interest rate if they are late. One prime's failure to finish cannot delay another prime's payment.

On projects under $100,000, no retainage is allowed at all. At $100,000 and up, the owner may hold no more than 5 percent of any periodic payment. Once the project is 50 percent complete, the owner, with the surety's written consent, stops withholding as long as performance is satisfactory and flagged nonconforming work is fixed. Fifty percent is measured by gross invoices excluding offsite stored materials, with onsite stored materials counted only up to 20 percent of invoices. After that point the owner may withhold again to keep 2.5 percent total through completion, and the GC may then hold enough from remaining subs to match. Sub retainage cannot exceed the owner's percentage; any excess earns the sub 1 percent per month.

Releasing retainage on public jobs

Within 60 days after a pay request is submitted and the owner receives a certificate of substantial completion or beneficial occupancy (whichever the contract names), the owner releases all retainage with the surety's consent. It may hold up to two and a half times the estimated value of work still to be completed or corrected. Third-party claims and additive change orders are not grounds to delay release. Early-finishing trades (structural steel, piling, caisson, and demolition, plus any other trades the bid documents list) get line-item release when they hit 100 percent by the 50 percent mark, with retainage reduced to 0.5 percent once the architect or engineer approves the work.

Federal grant terms can override these rules if the bid documents say so. For the rest of your North Carolina exposure, see the North Carolina lien guide, licensing rules, and prevailing wage notes. Smart Business Automator tracks retainage by job and by sub against the owner's percentage, which makes the 22C-4 cap easy to check. See construction accounts receivable automation.

Frequently asked questions

Are pay-if-paid clauses enforceable in North Carolina?

Not on jobs covered by Chapter 22C. G.S. 22C-2 says payment by the owner to the contractor is not a condition precedent to paying a subcontractor, and an agreement to the contrary is unenforceable.

How fast must a North Carolina contractor pay subcontractors?

Within 7 days after receiving each periodic or final payment, on both private (G.S. 22C-3) and public (G.S. 143-134.1) work. Interest of 1 percent per month starts on the eighth day.

What is the retainage limit on North Carolina public projects?

No retainage on projects under $100,000. At $100,000 and up, 5 percent of each periodic payment, with no further retainage after 50 percent completion if performance is satisfactory and the surety consents.

Does North Carolina have a private owner payment deadline?

Chapter 22C sets the GC-to-sub timeline but not a deadline for a private owner to pay the GC. That tier is governed by the contract.

Does Chapter 22C cover home building?

No. It excludes residential contractors as defined in G.S. 87-10(1a), certain residential improvements, and residential projects of 12 or fewer units.

Sources

  1. North Carolina General Assembly: G.S. Chapter 22C, payment to subcontractors
  2. North Carolina General Assembly: G.S. 143-134.1, interest on final payments and payments to subcontractors
  3. N.C. Gen. Stat. Chapter 22C, Official Code of NC Annotated release 80 (Public.Resource.Org copy)
  4. N.C. Gen. Stat. Chapter 143 incl. § 143-134.1, release 80 (Public.Resource.Org copy)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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