An account stated is a statement between a creditor (the person to whom money is owed) and a debtor (the person who owes) based upon a series of prior transactions that a particular amount is owed to the creditor as of a certain date.
In the state of North Carolina, an account stated for construction work refers to a legal claim that can be filed by a contractor or subcontractor against a property owner or general contractor. This claim occurs when the parties involved have reached an agreement on the amount owed for completed construction work, whether through an explicit contract, verbal arrangement, or implied agreement. The concept of account stated is based on the principle that when one party provides goods or services, and the other party accepts or acknowledges them without objection, a binding agreement is formed regarding the amount of money owed. In the context of construction, this means that when a contractor completes work and sends an invoice to the property owner or general contractor, and they do not raise any objections within a reasonable time, an account stated claim may be pursued to collect payment. An account stated claim for construction work in North Carolina typically involves detailed documentation of the work completed, including itemized invoices, estimates, change orders, and any other relevant documents. These records are crucial in proving that the construction work was done, the agreed-upon price, and that the receiving party did not dispute the charges within a reasonable time. As for different types of North Carolina account stated claims for construction work, they may vary based on the nature of the dispute and the parties involved. Some common variations include: 1. Contractor vs. Property Owner: This is the most typical scenario, where a contractor asserts an account stated claim against a property owner for non-payment or underpayment of construction work. 2. Subcontractor vs. General Contractor: In situations where a subcontractor performs work but is not paid by the general contractor, the subcontractor may file an account stated claim to seek payment directly from the general contractor. 3. Material Supplier vs. Contractor: Suppliers of construction materials who have not been paid for the materials provided can pursue an account stated claim against the contractor responsible for purchasing or using those materials. 4. Third-Party Beneficiary vs. Owner/Contractor: If a third party has a direct interest in the construction project, such as a lender, and is not paid for their contributions or services, they may file an account stated claim against the owner or contractor. These variations illustrate the potential complexities involved in North Carolina account stated claims for construction work, highlighting the need for thorough documentation, legal expertise, and an understanding of North Carolina's specific laws and regulations surrounding construction disputes. It is essential for all parties involved to consult with an attorney knowledgeable in construction law to navigate these claims effectively and protect their rights and interests.
In the state of North Carolina, an account stated for construction work refers to a legal claim that can be filed by a contractor or subcontractor against a property owner or general contractor. This claim occurs when the parties involved have reached an agreement on the amount owed for completed construction work, whether through an explicit contract, verbal arrangement, or implied agreement. The concept of account stated is based on the principle that when one party provides goods or services, and the other party accepts or acknowledges them without objection, a binding agreement is formed regarding the amount of money owed. In the context of construction, this means that when a contractor completes work and sends an invoice to the property owner or general contractor, and they do not raise any objections within a reasonable time, an account stated claim may be pursued to collect payment. An account stated claim for construction work in North Carolina typically involves detailed documentation of the work completed, including itemized invoices, estimates, change orders, and any other relevant documents. These records are crucial in proving that the construction work was done, the agreed-upon price, and that the receiving party did not dispute the charges within a reasonable time. As for different types of North Carolina account stated claims for construction work, they may vary based on the nature of the dispute and the parties involved. Some common variations include: 1. Contractor vs. Property Owner: This is the most typical scenario, where a contractor asserts an account stated claim against a property owner for non-payment or underpayment of construction work. 2. Subcontractor vs. General Contractor: In situations where a subcontractor performs work but is not paid by the general contractor, the subcontractor may file an account stated claim to seek payment directly from the general contractor. 3. Material Supplier vs. Contractor: Suppliers of construction materials who have not been paid for the materials provided can pursue an account stated claim against the contractor responsible for purchasing or using those materials. 4. Third-Party Beneficiary vs. Owner/Contractor: If a third party has a direct interest in the construction project, such as a lender, and is not paid for their contributions or services, they may file an account stated claim against the owner or contractor. These variations illustrate the potential complexities involved in North Carolina account stated claims for construction work, highlighting the need for thorough documentation, legal expertise, and an understanding of North Carolina's specific laws and regulations surrounding construction disputes. It is essential for all parties involved to consult with an attorney knowledgeable in construction law to navigate these claims effectively and protect their rights and interests.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés.
For your convenience, the complete English version of this form is attached below the Spanish version.