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Is the NOC effective to cover the subcontractor and material supplier through the 'one-year warranty period' ?

South CarolinaNotice of Commencement

It is understood that the GC must keep the recorded NOPC conspicuously posted at the jobsite while the project is under construction. Is there any requirement that covers that one year warranty period where a subcontractor shall provide repair work or "warranty period" repairs to the 'completed' project? Is the NOC still effective to cover any subcontractor, and therefore, any potential material supplier, that is required to return to the site to perform warranty work after the GC has obtained Certificate of Occupancy?

1 reply

May 3, 2021

By filing and posting a Notice of Project Commencement ("NOPC") in South Carolina, a Contractor is provided with some protections to payment claims (mechanic's lien and payment bond claims) by parties who he doesn't know about or have a contract with (sub-subs and suppliers to subs). If the Contractor doesn't take the affirmative step to file the NOPC then he could be exposed to claims by those lower tier claimants even if he already has paid his subs (and they failed to pass that money on). The NOPC statute doesn't involve warranties or warranty work.   

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