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North Carolina's retainage limits and deadlines On private projects within the state, retainage will be governed by the terms of the contract. Retainage on such public projects is capped at 5% of each progress payment. Upon 50% completion, retainage must no longer be withheld unless the job progress is unsatisfactory.
Workmanship, Materials and Mechanical Systems are covered for 1 year. Structural Coverage on Designated Structural Elements is provided for 6 years. Pricing based on low flat rates per home. Builder liability in the North Carolina CSW program is limited to 1 year only.
In North Carolina, the statue of repose is six years, with the period usually beginning to run upon ?substantial completion? of the work.
Implied Warranty of Workmanship Or Workmanlike Quality. This warranty assures the purchaser that the construction company performed its duties consistent with the prevailing standards in the locale and the home is sufficiently free of major defects.
State Law contract actions in North Carolina are subject to a three-year statute of limitations. However, the statute of limitations is four years if the action involves a contract for the sale of goods. The statute of limitations can be extended for as long as ten years if the contract is signed under seal.
Statute of Repose Stat. §1-50(a)(5)(a). This law says homeowners have six years from the substantial completion (or the last specific act or omission of the builder) to file suit.
North Carolina has a three-year statute of limitations period on actions for breach of contract and negligence.
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.