Contract – Construction Project – Subcontract – Time for Payment – Reasonable Time – Three Years

RJM Plumbing, Inc. v. Superior Construction Corp. (Lawyers Weekly No. 11-15-0662, 10 pp.) (John R. Jolly Jr., J.) N.C. Bus. Ct.

Holding: When the parties’ contract does not set a time for payment, the issue of what is a reasonable time for payment is a mixed question of law and fact. Without extenuating circumstances or even an explanation by the defendant-general contractor, it would be unreasonable as a matter of law to expect the plaintiff-subcontractor to wait three years to be paid for its work.

The subcontractor’s motion for partial summary judgment against the general contractor is granted.

The general contractor admits that the subcontractor furnished labor, material and fixtures to the general contractor for Building Five of the construction project. The contractor admits that it is indebted to the subcontractor in an undetermined amount for those labors and materials.

The contractor has not propounded evidence disputing the amount it owes the subcontractor relative to Building Five. Based upon the pleadings, affidavits and exhibits presented, the court concludes that there exist no genuine issues of material fact regarding the amount owed by the contractor to the subcontractor relative to Building 5 and that summary judgment should be granted in the subcontractor’s favor against the contractor in the amount of $127,964 plus interest as provided by law.