A BILL TO BE ENTITLED AN ACT TO ENHANCE THE PROTECTION PROVIDED TO PERSONS MAKING IMPROVEMENTS TO LEASED REAL PROPERTY UNDER ARTICLE 3 OF CHAPTER 44A OF THE GENERAL STATUTES, AS RECOMMENDED BY THE LRC COMMITTEE ON MECHANICS LIENS AND LEASEHOLD IMPROVEMENTS, TO AMEND THE LAWS REGARDING INFORMATION PROVIDED TO NONCUSTODIAL PARENTS SUBJECT TO WAGE WITHHOLDING ORDERS UNDER THE LAWS PERTAINING TO CHILD SUPPORT, AND TO MAKE TECHNICAL CORRECTIONS TO THE UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT.
Amends GS 44A-26, concerning bond requirements for people making improvements to certain leased real property, providing that no lease provision or contract provision can exempt a project subject to the bonding requirements found in GS 44A-26(a). Any lease or provision that claims otherwise is void and unenforceable.
Requires anyone that leases real property from a contracting body must secure performance and payment bonds meeting the criteria found in GS 44A-26(a)(1) and (a)(2) for construction, reconstruction, alteration, or repair of any public building or work on leased property when (1) the contracting body requires the lessee to construct, reconstruct, alter, or repair any public building or work on the leased real property, and (2) Article 2 of GS Chapter 44 would require the contracting body to secure performance and payment bonds from contractors if the contracting body had contracted for the construction work required of the lessee.
Provides that the new above provisions do not apply to public-private partnership construction contracts which are subject to GS 143-128.1C.
Effective October 1, 2014, applying to leases or other contracts entered into on or after that date.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.