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LICENSING BOARD CALENDAR April 13, 2016 Regular Board Meeting May 30, 2016 Memorial Day / Board Office Closed July 4, 2016 Independence Day / Board Office Closed July 13, 2016 Regular Board Meeting September 5, 2016 Labor Day / Board Office Closed October 12, 2016 Regular Board Meeting November 11, 2016 Veteran’s Day / Board Office Closed November 24 & 25, 2016 Thanksgiving / Board Office Closed December 23,26 & 27, 2016 Christmas / Board Office Closed December 31, 2016 General Contractor’s Licenses Expire (Board Meeting dates are subject to change) NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT SPRING 2016 APPOINTMENT ANNOUNCEMENTS 2-3 VOLUNTARY SURRENDERS 7 DISCIPLINARY ACTION 4 CONSENT ORDERS (UNLICENSED) 7 FINAL DECISIONS 4 UNLICENSED CONTRACTOR CASES—INJUNCTIONS 9 CONSENT ORDERS (LICENSEES, INCLUDING DEFINITIONS) 4 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT A Case of Mistaken Licensing Identity: Ignorance or Intentional? The Licensing Board has as its primary duty to provide certain protections for the citizens of North Carolina. One of the protections is to ensure that the public is not misled or confused by the manner in which a contractor conducts business. North Carolina General Statute § 87-12 states “The issuance of a certificate of license or limited license by the Board shall be evidence that the person, firm or corporation named therein is entitled to all the rights and privileges of a licensed or limited license general contractor while said license remains unrevoked or unexpired.” With increasing frequency, the Board is seeing licensees operating in a name different from that which it is licensed and thus conducting business as an unlicensed contractor and subjecting the unlicensed entity to allegations of unlicensed practice. Additionally, the licensee involved in the transaction could be subject to discipline by the Board for the violation. In some cases, the use of a business name that is not licensed can be innocent ignorance to licensing law and General Statutes §87-13 and §87-14. However, in other cases there is an intent to circumvent the law as a licensed entity pulls permits and the unlicensed entity is responsible for contracts, material purchases and managing the jobsite. As a licensed general contractor, you may be saying to yourself “I am ok even though I use a different name than what’s on my license, I filed the appropriate DBA paperwork with the Register of Deeds in the county in which I work.” You would be correct if you have also notified the Board of your DBA as required by the North Carolina Administrative Code Title 21; Chapter 12; Section .0209: (a) “Any application made pursuant to G.S. 87-10 shall be accompanied by a Certificate of Assumed Name when filing is required with the Register of Deeds office in the county in which the applicant is to conduct business, pursuant to G.S. 66-68. A copy of such certification must be provided with the application to the Board…”. Paragraph (b) of .0209 addresses a change in name after a license has been issued by stating, “All licensees must comply with the requirements of G.S. 66-68 and must notify the Board within 30 days of any change in the name in which the licensee is conducting business in the State of North Carolina.” When diversifying and incorporating new identities for operational preference or to meet the needs of your customers, you must comply with all applicable laws and regulations. When it comes to a case of Mistaken Licensing Identity, whether a matter of ignorance or intentional, there are potential ramifications. The best way to clear up any confusion is to either notify the Board of a name change or submit a license application in the name which you intend to conduct business. If you have any questions about how you are conducting business and whether you are in compliance with applicable laws and regulations, give the Board’s staff a call to seek clarification and clear up any confusion. 2 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT APPOINTMENT ANNOUNCEMENTS Board Selects Frank Wiesner as New Executive Director On May 1, 2015 the Licensing Board selected C. Frank Wiesner as the agency’s new Executive Director and Secretary-Treasurer. Prior to his hire by the Board Mr. Wiesner enjoyed a 30+ year career as a residential and commercial general contractor. Born and raised in the Baltimore – Annapolis area of Maryland, Mr. Wiesner began his career in residential construction, which brought him to the Raleigh, North Carolina area in the mid 1990’s, where he continued his career as CEO of several companies working in residential and commercial land development and construction. Mr. Wiesner began work as the chief administrative officer at the Licensing Board on June 1, 2015. He has embraced his new responsibilities and brings a unique combination of executive skills and industry knowledge to the Board. Board Elects Bost & Stike as 2016 Officers At its April Board Meeting the Board elected Rex Bost as its 2016 Chairman and J. David Stike as Vice Chairman. Mr. Bost of Raleigh is owner of Bost Custom Homes and served as Vice Chairman for the Board in 2014 & 2015. Mr. Bost was appointed by Governor McCrory to a five-year term in 2014. Mr. Stike of Holly Springs is Vice President of the Utility Construction Division for Sanford Contractors. Mr. Stike was appointed to the Board by Governor McCrory in 2015 for a five-year term which will expire in 2019. Governor McCrory Appoints Sherry Harris to Board Governor Pat McCrory has appointed Charlotte native and resident Sherry Harris to the Licensing Board for a five-year term. Mrs. Harris’ term began on September 15, 2015 and will expire December 31, 2019. Mrs. Harris fills the public member seat formerly held by Leslie Silverstein whose term expired in 2014 after 10 years of distinguished service to the Board. Mrs. Harris is an Interior Designer with Harris Interiors, a Charlotte based interior design firm, and has been self-employed for over thirty years assisting her clients with interior design, renovation and decorating. Mrs. Harris is also an award winning author having written It is what it is…and the view is great; which received the 2014 Apex Publishing Excellence Award. Mrs. Harris and her husband reside in Charlotte and enjoy spending time with family and friends. Lyle Gardner appointed by Governor McCrory to Licensing Board On February 25, 2016 Governor Pat McCrory appointed Lyle D. Gardner of Raleigh to a five-year term on the Licensing Board. Mr. Gardner fills the residential contractor seat that was held with distinction by Carl “Pogie” Worsley for the past 13 years. Mr. Gardner’s term will expire December 31, 2020. Mr. Gardner has been a licensed general contractor for 40 years as President of his companies Evergreen Construction Co. and Spectrum Homes, which are based in Raleigh. Mr. Gardner has served the residential real estate industry in numerous leadership capacities including serving as President of the North Carolina Home Builders Association in 2010. Mr. Gardner and his wife reside in Raleigh and enjoy biking, hiking, snow skiing and fishing. Board Hires Camille Tong as Licensing Specialist Camille Tong was hired by the Board on June 1, 2015 as a Licensing Specialist. Ms. Tong a naturalized US Citizen was born in Guyana and immigrated to the United States settling initially in New York and then later in Washington DC. Ms. Tong brings to the Board great experience and strong administrative skills from a 25-year career with construction industry related organizations. Ms. Tong moved to North Carolina in 2013 to be close to her family. In 2014 Ms. Tong began a temporary assignment with the Board as a License Renewal Specialist which led to her being hired in her current position. 5400 Creedmoor Rd Raleigh, NC 27612 Phone: 919.571.4183 Fax: 919.571-4703 Email: Licensing – licensing@nclbgc.org License Renewal – renewals@nclbgc.org Complaints – complaints@nclbgc.org General Information – info@nclbgc.org BOARD MEMBERS Rex Bost, Chairman, Raleigh J. David Stike, Vice Chairman, Holly Springs Allen Barnhill, Tarboro Lyle D. Gardner, Raleigh Sherry Harris, Charlotte Bobby Lasater, P.E., Cary Cleve Paul, Morehead City Gray Pendleton, Raleigh Larry Watson, Blowing Rock ADMINISTRATION C. Frank Wiesner, Secretary – Treasurer Debbie Price, Director of Administration Frances McDonald, Licensing Manager Mathew Shaeffer, License Renewal Manager Connie Bartlett, Recovery Fund / Renewals Melanie Boscaljon, Administrative Assistant Brenda Spence, Reception Pam Tew, Licensing Camille Tong, Licensing Susan White, Renewals INVESTIGATIONS Susan Sullivan, Complaints Administrator Mike Silver, Director of Field Operations Mike Brown, Investigator North Coastal Curtis Huff, Investigator North Central Joel Macon, Investigator South Coastal Kenneth McCombs, Investigator South Central Anna Baird Choi, General Counsel, Nichols, Choi & Lee, PLLC NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 3 APPOINTMENT ANNOUNCEMENTS CONT. Mathew Shaeffer hired by Board as License Renewal Manager On June 1, 2015 the Board hired Mathew Shaeffer as a License Renewal Specialist. The Green Bay, WI native moved to North Carolina with his family over 20 years ago. He is a graduate of NC State with both BA and a Master Degree in History. After graduating college and prior to his being hired by the Board, Mr. Schaeffer worked in the pharmaceutical industry. In November 2014 Mr. Shaeffer was hired as a temporary License Renewal Specialist by the Board which ultimately led to his full time hire as a License Renewal Specialist. In August 2015 Mr. Shaeffer was promoted to Licensing Renewal Manager. Susan White joins Board Staff as License Renewal Specialist On November 1, 2015 the Board hired Susan White as a License Renewal Specialist. Ms. White a life-long North Carolinian enjoyed a 20+ year career in banking and administration. While a new full-time employee of the Board, Ms. White is no stranger to her new role as she previously worked 7 years as a temporary License Renewal Specialist. Ms. White’s experience and acumen allowed her to contribute immediately during the busy license renewal season. Melanie Boscaljon joins Board Staff as Administrative Assistant On February 1, 2016 the Board hired Melanie Boscaljon as an Administrative Assistant. Born and raised in a small rural town in Northwest Iowa. Ms. Boscaljon earned a BA in Education from Northwestern College of Iowa. After college Ms. Boscaljon enjoyed a 20+year career in education and financial services. After relocating to North Carolina in 2015 she began a temporary assignment working with the Board that resulted in her being hired in her current position. 4 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT Disciplinary Action (The following Board Orders and other Board disciplinary actions reported here are not a complete summary of all activity or a full representation of each case. Every effort is made for accuracy, but such is not guaranteed. Questions or requests for additional information about specific cases should be referred to the Board’s Legal Section.) Final Decisions Blue Ridge Building Contractors, LLC and Tison Collins Wyatt, as Qualifier (Henderson County, 13 C 121) License No. 63662. A disciplinary hearing was conducted on May 13, 2015 and the Final Decision was entered on May 27, 2015. Blue Ridge Building Contractors, LLC was issued a limited building license on July 6, 2007. The license was last renewed on January 3, 2012 and is currently invalid. The Board, after considering the testimony and exhibits presented during the hearing, found that the actions of the Respondent Licensee constitute misconduct in the profession. The actions of Respondent Licensee are directly attributable to and/or were committed by Respondent Qualifier and constitute misconduct in the profession. Respondent Licensee’s license and Respondent Qualifier’s ability to act as a qualifying party for a license to practice general contracting for any co-partnership, corporation or any other organization or combination are hereby revoked. Donald Michael Bender and Donald Michael Bender, as Qualifier (Wake County, 14 C 137) License No. 12477. A disciplinary hearing was conducted on April 14, 2015 and the Final Decision was entered on May 27, 2015. Donald Michael Bender was issued a limited building license on April 29, 1981. The license was last renewed on January 31, 2014 and is currently invalid. The Board, after considering the testimony and exhibits presented during the hearing, found that the actions of the Respondent Licensee constitute misconduct in the profession. The actions of Respondent Licensee are directly attributable to and/or were committed by Respondent Qualifier and constitute misconduct in the profession. Respondent Licensee’s license are currently invalid and Respondent Qualifier’s ability to act as a qualifying party for a license to practice general contracting for any co-partnership, corporation or any other organization or combination is hereby suspended for a period of five (5) months effective as of the date of the Final Decision; provided however the suspensions are stayed and the stayed suspensions shall not affect Respondent Licensee’s ability to submit a License Renewal Application for 2015 for license number 12477 nor Respondent Qualifier’s ability to act as a qualifying party for a license to practice general contracting for any co-partnership, corporation or any other organization or combination. Consent Orders Eastern Builders of the Carolinas, Inc. (Onslow County, 12 C 62;15 LBG 4489) License No. 55728. On October 14, 2015, the Board entered into a Consent Order with Eastern Builders of the Carolinas, Inc., as Respondent Licensee in with Respondent Licensee consented to surrender its license to the Board effective the date of the Consent Order. Edward Michael Bailey and Edward Michael Bailey, as Qualifier (Cumberland County, 14 C 17) License No. 24166. On April 15, 2015, the Board entered into a Consent Order with Edward Michael Bailey, as Respondent Licensee, and Edward Michael Bailey, as Qualifier, in which the Respondent Licensee consented to a period of suspension of eighteen (18) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored upon a six (6) month period of active suspension. Respondent Qualifier agreed to a period of suspension of eighteen (18) months stayed with a six (6) month period of active suspension of his examination credentials commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $2,000.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. Fiskin Brothers Construction, Inc. and Christopher Blake Fiskin and Stephen Todd Fiskin, as Qualifiers (Brunswick County, 14 C 34) License No. 63606. On April 15, 2015, the Board entered into a Consent Order with Fiskin Brothers Construction, Inc., as Respondent Licensee, Christopher Blake Fiskin, as Qualifier and Stephen Todd Fiskin, as Qualifier, in which the Respondent Licensee consented to a period of suspension of eighteen (18) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Christopher Blake Fiskin, as Respondent Qualifier and Stephen Todd Fiskin, as Qualifier each entered into a Consent Order agreeing to a period of suspension of eighteen (18) months of their examination credentials upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials of each Qualifier were conditionally restored. Respondent Licensee and Respondent Qualifiers consented to pay jointly $2,500.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. Gary R. Manus t/a Manus Homes and Gary R. Manus, as Qualifier (Mecklenburg County, 13 C 02) License No. 13877. On January 21, 2015, the Board entered into a Consent Order with Gary R. Manus t/a Manus Homes, as Respondent Licensee, and Gary R. Manus, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored upon a four (4) month period of active suspension. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed with a four (4) month period of active suspension of his examination credentials commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $1,000.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. HRS Contracting, Inc. and Christopher Hustek, as Qualifier (Mecklenburg County, 12 C 222) License No. 71092. On July 22, 2015, the Board entered into a Consent Order with HRS Contracting, Inc., as Respondent Licensee, and Christopher Hustek, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored upon a six (6) month period of active suspension. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed with a six (6) month period of active suspension of his examination credentials commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $500.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. Housing Authority of the City of Goldsboro, N.C. (Wayne County, 14 C 77) License No. 46368. On July 22, 2015, the Board entered WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 5 into a Consent Order with Housing Authority of the City of Goldsboro, N.C., as Respondent Licensee, in which the Respondent Licensee consented to a period of suspension of twenty-four (24) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Licensee consented to pay $1,500.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. J. David Lee Builders, Inc. and Joseph David Lee, II, as Qualifier (Johnston County, 13 C 172) License No. 41520. On April 15, 2015, the Board entered into a Consent Order with J. David Lee Builders, Inc., as Respondent Licensee, and Joseph David Lee, II, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license conditionally restored. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed and his examination credentials conditionally restored commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $1,500.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier agreed that within twelve (12) months of the Effective Date of the Consent Order to take, complete and pass the Law and Administration course provided by the NC Department of Insurance, Code Officials Qualification Board and submit to the Board written proof of satisfactory completion of the course. Matthew P. Funtal and Matthew P. Funtal, as Qualifier (Carteret County, 14 C 79) License No. 35973. On October 15, 2015, the Board entered into a Consent Order with Matthew P. Funtal, as Respondent Licensee, and Matthew P. Funtal, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Qualifier agreed to a period of suspension of twelve (12) months of his examination credentials commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials were conditionally restored. Respondent Licensee and Respondent Qualifier consented to pay jointly $2,000.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. McDonald Development Company, LLC and C. Wayne McDonald, as Qualifier (Randolph County, 13 C 82) License No. 50258. On January 21, 2015, the Board entered into a Consent Order with McDonald Development Company, LLC, as Respondent Licensee, and C. Wayne McDonald, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Qualifier agreed to a period of suspension of Consent Order: An order of the Board resulting from an agreement between the Board and a licensee regarding the revocation or suspension of the license to practice general contracting, or the conditions, limitations or restrictions placed on that license. This is a method of resolving or settling disciplinary or contested cases in lieu of a disciplinary hearing. Revocation: A Board action which permanently terminates a license by effectively withdrawing that license to practice general contracting. Suspension: A Board action which inactivates a license to practice general contracting for a set period of time. Dismissal/Voluntary Dismissal: A Board action dismissing a contested case, resulting in no disciplinary action against the licensee or Respondent. Voluntary Surrender: A licensee’s relinquishing or tendering of the license to practice general contracting, pending an investigation or other action by the Board. Reprimand: A Board action wherein the licensee and/or qualifier is/are reprimanded for disciplinary purposes. The Reprimand becomes a permanent record in the file and is subject to approval by the licensee/qualifier in lieu of being referred to the full Board for formal proceedings. Admission of Violation: A document signed by a licensee who admits to the stated violations, agrees not to repeat them, but acknowledges that the Board may use the document against the licensee prospectively should such action become necessary. Injunction: A Superior Court order entered against an unlicensed contractor who is illegally practicing general contracting. Such an order stops the illegal practice and can be obtained by consent of a cooperating contractor or by default judgment; violation of the injunction is contempt of court. Code: Provisions of the North Carolina State Building Code (Residential/Vol. VII and previous editions; General Construction/ Vol. 1). Definitions 6 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials were conditionally restored. Robert L. Ritchie t/a Robert L. Ritchie Const. and Robert L. Ritchie, as Qualifier (Cabarrus County, 14 C 67) License No. 24478. On July 22, 2015, the Board entered into a Consent Order with Robert L. Ritchie t/a Robert L. Ritchie Const., as Respondent Licensee, and Robert L. Ritchie, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Qualifier agreed to a period of suspension of twelve (12) months of his examination credentials commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials were conditionally restored. Respondent Licensee and Respondent Qualifier consented to pay jointly $500.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. Robert T. Hinnant and Robert T. Hinnant, as Qualifier (Wayne County, 13 C 85) License No. 26414. On January 21, 2015, the Board entered into a Consent Order with Robert T. Hinnant, as Respondent Licensee, and Robert T. Hinnant, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored upon a three (3) month period of active suspension. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed with a three (3) month period of active suspension of his examination credentials commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier agreed that within twelve (12) months of the Effective Date of the Consent Order to take and pass the Law and Administration course provided by the NC Department of Insurance, Code Officials Qualification Board and submit to the Board written proof of satisfactory completion of the course. Respondent Licensee and Respondent Qualifier consented to pay jointly $1,500.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. Thomas Clifton Stewart, III and Thomas Clifton Stewart, as Qualifier (Cumberland County, 13 C 76) License No. 70201. On April 15, 2015, the Board entered into a Consent Order with Thomas Clifton Stewart, III, as Respondent Licensee, and Thomas Clifton Stewart, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license conditionally restored. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed and his examination credentials conditionally restored commencing WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 7 upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $1,000.00 cost recovery to the Board within fifteen (15) days from the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier agreed that within twelve (12) months of the Effective Date of the Consent Order to take in person and pass a Level I Building Code Course offered by the North Carolina Department of Insurance or an equivalent course dealing with the North Carolina State Residential Building Code, pre-approved by the Board, and submit to the Board written proof of satisfactory completion of the course. Viegas Homes & Consulting, Inc. and Jeff Viegas, as Qualifier (Mecklenburg County, 14 C 38) License No. 56587. On April 15, 2015, the Board entered into a Consent Order with Viegas Homes & Consulting, Inc., as Respondent Licensee, and Jeff Viegas, as Qualifier, in which the Respondent Licensee consented to a period of suspension of eighteen (18) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Qualifier agreed to a period of suspension of eighteen (18) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials were conditionally restored. Respondent Licensee and Respondent Qualifier consent to pay jointly $1,500.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. Reprimands Christopher Paul Bender and Christopher Paul Bender, as Qualifier (Wake County, 14 C 138) License No. 71687. Mountain Brook Homes, Inc. and James Dean Wallace, Jr., as Qualifier (Buncombe County, 13 C 183) License No. 68047. Stewart Montgomery Builders, Inc. and Stewart M. Montgomery, as Qualifier (New Hanover County, 13 C 198) License No. 37104. All Pro Builders, Inc. (Lenoir; 13C134) License No. 57724. DMR Company (Alamance; 13C205) License No. 45119. Parker Building Group, Inc. (Alamance; 13C238) License No. 72481. Timber Creek Homes, Inc. (Rockingham; 14C32) License No. 71922. Dacota Group, LLC (Johnston; 14C71) License No. 57467. Tidal Wave, LLC (Pender; 14C80) License No. 59419. R & E General Contracting, Inc. (Nash; 14C87) License No. 38735. Sunset Builders of North Carolina, Inc. (Jackson; 14C96) License No. 73774. Ronald G. Johnston t/a Ron Johnston Complete Remodeling (Brunswick; 14C99) License No. 53253. Hawkins’ Construction and Development, Inc. (Craven; 14C105) License No. 44175. Larry Wallace Building Contractor, Inc. (Person; 14C109) License No. 35028. Stello Construction, Inc. (New Hanover; 14C115) License No. 63152. Carolina Home Remodeling, LLC (Gaston; 14C122) License No. 53635. Eastern Home Services, Inc. (Carteret; 14C171) License No. 73729. Buckhorn Builders, Inc. (Cabarrus; 14C175) License No. 55785. Bernard Mason t/a Mason Builders (Northampton; 14C210, 14C211, 14C212, 14C213, 14C214, 14C215, 14C216) License No. 39316. Mark Myers t/a Mark Myers Construction (Catawba; 14C233) License No. 30870. Mawa, LLC (Guilford; 14C35) License No. 65604. Riptide Builders, LLC (New Hanover; 14C58) License No. 70409. Preservation Professional Services, Inc. (Mecklenburg; 14C231) License No. 72331. Benjamin Stout Real Estate Services, Inc. (Cumberland; 14C260) License No. 69633. Wade Allen Workman (Lincoln; 14C273) License No. 40896. Lars Rousseau t/a Lars Rousseau Construction (Mitchell; 14C277) License No. 50076. Sigma General Contracting, LLC (Durham; 15C02) License No. 56897. Legacy Builders Group, Inc. (Durham; 15C30) License No. 48936. James L. Wait (Ashe; 15C36) License No. 60894. Douglas Todd Johnson (Davidson; 15C44) License No. 72788. Sam N Hammer, Inc. (Mecklenburg; 15C50) License No. 51434 Admission Of Violation David Stapleton Construction, Inc. and David Wayne Stapleton, as Qualifier (Watauga County, 11 C 220) License No. 46298. On August 26, 2015, the Board entered into an Acceptance of Admission of Violation and Order with David Stapleton Construction, Inc. and David Wayne Stapleton, Qualifier. Consent Orders (Unlicensed Contractors) Permanent Injunctions were obtained by entry of a Consent Order in Wake County Superior Court concerning each of the following unlicensed contractors who practiced general contracting in an amount of $30,000 or more, in violation of N.C.G.S. § 87-13, but who agreed to be enjoined, paid court costs and service fees and cooperated with the Board in the matter. Mid South Land Services, Inc. and Thomas C. Martin (13 C 231 Davie County). The Board contended that Mid South Land Services, Inc. and Thomas C. Martin undertook construction of an indoor pool and an addition onto a home in Advance, North Carolina. Mid South Land Services, Inc. and Thomas C. Martin denied that they engaged in the unauthorized practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on November 25, 2014. Felix Thompson d/b/a Thompson Construction (14 C 149 Carteret County). Felix Thompson submitted a bid to a homeowner to renovate apartment buildings in Beaufort, North Carolina for a price of $113,481.66. Thompson thereafter undertook the work. The parties agreed and stipulated to the above findings of fact and agreed to be 8 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT bound by the terms of a Consent Order entered on March 12, 2015. Dennis Siracusa and Residential Technical Services, Inc. (14 C 73 Mecklenburg County). Beginning in December 2010, Dennis Siracusa and Residential Technical Services, Inc. verbally agreed with homeowners to perform various serial remodeling projects on a home in Charlotte, North Carolina. When the homeowners requested certain projects, Siracusa and Residential Technical Services, Inc. involved a licensed general contractor. The homeowners paid Siracusa and Residential Technical Services, Inc. for all work and material, and they then paid the general contractor. Siracusa and Residential Technical Services, Inc. were unaware that their activities would be deemed the unlicensed practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on March 12, 2015. Denis Bostok d/b/a FMK Roofing (14 C 170 Mecklenburg County). On September 20, 2013, Denis Bostok contracted with a townhome homeowners’ association to reroof 15 townhomes and a clubhouse for a cost of $258,450.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on March 20, 2015. Earl Weeks d/b/a Intracoastal Marine Construction (14 C 187 Carteret County). On July 26, 2012 Earl Weeks contracted with a landowner to construct a 400’ bulkhead in Newport, North Carolina for a cost of $40,400.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on March 24, 2015. Ryan Michael Provo and Provo Construction, LLC (14 C 144 Person County). On February 10, 2014, Ryan Michael Provo and Provo Construction LLC contracted with homeowners to repair a fire-damaged house for an estimated cost of $105,000.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on March 26, 2015. Robert M. House and R & D Construction of NC, LLC (14 C 194 Cumberland County). On January 18, 2013, Robert M. House and R & D Construction, LLC contracted with a homeowner to repair a roof on a home in Fayetteville, North Carolina for a cost of $33,000.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on May 8, 2015. V. Darrell Bridgers d/b/a Bridgers Remodeling (14 C 180 Pitt County). The Board asserted that in January 2012, Darrell Bridgers verbally contracted with a homeowner to construct a detached garage in Farmville, North Carolina and was paid $57,269.18 for the work. The Board further contended that Darrell Bridgers contracted with the same homeowner to repair a home in Tarboro, North Carolina for a cost of $33,980.00. Bridgers denied that he engaged in the unauthorized practice of general contracting; however, the parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on July 17, 2015. Coverall Construction, Inc. (14 C 275 Pasquotank County). On July 28, 2014, Coverall Construction, Inc. contracted with homeowners in Elizabeth City, North Carolina to repair a storm-damaged home for a cost of $50,287.00. Defendant was misinformed that the license threshold was $60,000.00 and did not intend to engage in the unauthorized practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on August 18, 2015. MME Real Estate Investment Group, LLC d/b/a MME Construction Group (14 C 242, 14 C 245 and 15 C25; Pitt, Craven and Johnston Counties). From June 9, 2014 to September 3, 2014, MME Construction Group contracted with three separate entities in New Bern, Greenville and Clayton, North Carolina to upfit commercial space for Firehouse Subs restaurants at costs ranging from $130,000.00 to $140,711.36. The parties agreed and stipulated to the above WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 9 findings of fact and agreed to be bound by the terms of a Consent Order entered on September 28, 2015. Aquatic Creation, Inc. (15 C 38 Wake County). On February 21, 2013, Aquatic Creation, Inc. contracted with homeowners to construct a pool, retaining wall and fireplace on property located in Apex, North Carolina for a cost of $100,892.00. Aquatic Creation, Inc. had an ownership interest in a licensed general contractor and a permit for the work was obtained in the name of the licensed entity. Aquatic Creation, Inc. did not intend to engage in the unauthorized practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on September 28, 2015. Andrew Pierce Rowland and Deborah P. Rowland d/b/a The Addison Group (14 C 145 Haywood County). In August 2013, Andrew Pierce Rowland submitted an estimate to homeowners to renovate a home in Waynesville, North Carolina for a cost of $45,000.00 to $55,000.00. The homeowners paid Andrew Pierce Rowland and Deborah P. Rowland $23,000.00 via funds wired into Deborah P. Rowland’s bank account; however, work was never performed for the homeowners. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on October 9, 2015. Jim Jones d/b/a LJJ Innovations (14 C 228 Moore County). On March 31, 2014, Jim Jones contracted with homeowners to construct a garage and laundry/mudroom for a home located in Southern Pines, North Carolina for a cost of $24,700.00. On April 19, 2014, Jones contracted with the same homeowners to renovate and reroof the home for $55,950.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on November 16, 2015. Michael Miles d/b/a Woodslinger’s Construction (14 C 274 Pasquotank County). On June 25, 2014, Michael Miles applied for a building permit to repair a storm-damaged home in Pasquotank County, North Carolina at the request of a Virginia contractor and stated the cost of the job as $29,000.00. The unlicensed Virginia contractor contracted directly with the homeowner to perform the work at a cost of $50,287.00. Defendant was unaware that his action would be deemed the unlicensed practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on November 16, 2015. Robert Williams d/b/a DGS Contracting; Dynamic Group Services, LLC; and DGS Contracting Service, LLC (14 C 169 Wake / Durham Counties). Robert Williams and Dynamic Service Group, LLC contracted with an owner to remodel two homes in Durham and Chapel Hill, North Carolina for costs of $32,500.00 and $105,000.00. DGS Contracting Service, LLC was formed to continue the practice of unlicensed contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on December 17, 2015. Rick Young d/b/a Rick Young Construction (15 C 05 Alamance County). Rick Young contracted with a homeowner to construct an addition onto a home in Greenville, North Carolina for a price of $38,824.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on February 2, 2016. Unlicensed Contractor Cases – Injunctions Permanent Injunctions were obtained by entry of a Default Judgment or a Summary Judgment in Wake County Superior Court against each of the unlicensed contractors listed below for practicing general contracting in an amount of $30,000 or more, in violation of N.C.G.S. § 87- 13. In some instances, the Sheriff was unable to locate the contractors and/or Certified Mail was not delivered, but the Board effected service either by newspaper publication or through the Secretary of State; nevertheless, the contractors were enjoined from further practice of general contracting (including bidding) in an amount of $30,000 or more until such time as he/she/it becomes licensed by the Board. Mainsail Construction Group, LLC (Randolph County 13 C 153). On December 17, 2012, Mainsail Construction Group, LLC contracted with a business in Lexington, North Carolina to construct a loading dock for a cost of $44,431.00. Mainsail Construction Group, LLC undertook construction and a subsequent change order increased the contract price to $45,018.00. Default Judgment was entered on November 13, 2014. Terry Wayne Browder and Before-N-After Construction Company (Stokes County; 13 C 91). On November 11, 2012, Before-N-After Construction Company contracted with a homeowner to remodel a home in Westfield, North Carolina for a cost of $41,439.00. Terry Wayne Browder and Before-N-After Construction Company undertook the construction, and subsequent change orders increased the contract price to $45,914.00. Default Judgment was entered on November 13, 2014. James Albert Moseley d/b/a Jim Moseley Construction (Madison County). In November 2012, James Albert Moseley contracted with an owner to upfit a Subway restaurant in Mars Hill, North Carolina for a cost of $73,500.00. Default Judgment was entered on February 3, 2015. Ron L. White (Wake County). On June 25, 2012, Ron L. White contracted with a homeowner to construct a building shell for a home in Raleigh, North Carolina for a cost of $33,484.00. White then contracted with the homeowner to complete the home for $74,695.00. Default Judgment was entered on May 26, 2015. Charles Lamont Purvis (Mecklenburg County). In August 2013, Charles Lamont Purvis verbally contracted with a homeowner for the remodeling and repair of three homes located on Coxe Avenue in Mecklenburg County for costs in excess of $30,000.00 for each home. Default Judgment was entered on May 26, 2015. Eddie Quillin (Davie County 14C129). On January 26, 2013, Eddie Quillin contracted with a homeowner to renovate a home in Davie County for a cost of $36,500.00. Defendant added additional work, and the homeowner ultimately paid Quillin $51,000.00. Default Judgment was entered on June 29, 2015. Patrick Digorga (Alexander County 14C207). In October 2012, Patrick Digorga contracted with a homeowner to construct a 3-stall garage in Alexander County for accost of $38,927.00. The homeowner paid Digorga $39,260.00 before Digorga abandoned the project, leaving a structure the failed to comply with building code requirements. Default Judgment was entered on May 26, 2015. Michael Pearce d/b/a Superior Home Improvements, Inc. (Mecklenburg County 14C168). On January 17, 2014, Michael Pearce contracted with JK Home Service, Inc. 10 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT to construct a home in Charlotte, North Carolina for a cost of $74,000.00. Pearce assumed all responsibility for and undertook to superintend and manage the entire construction despite being identified as a subcontractor in a written contract. Default Judgment was entered on June 29, 2015. Timothy D. Ferruzzi and Handy Helpers, Inc. (Pitt County 14 C 209). On February 25, 2014, Timothy D. Ferruzzi and Handy Helpers, Inc. submitted a Proposal to a homeowner to build a screened porch onto a home in Grimesland, North Carolina for a cost of $17,000.00. Thereafter, on May 16, 2014, Ferruzzi and Handy Helpers, Inc. submitted a second Proposal to the homeowner to upgrade the screened porch to a sunroom for an additional cost of $18,000.00 plus the cost of tile, windows and a patio door. Default Judgment was entered on October 16, 2015. Mark Lewis and Lewco Professional Services, LLC (Haywood County 15 C 76). Mark Lewis and Lewco Professional Services, LLC submitted an Estimate to homeowners in Waynesville, North Carolina to repair and renovate a home for a cost of $52,720.00. Default Judgment was entered on December 10, 2015. Reginald Henderson (Mecklenburg County 14 C 237). On February 7, 2014, Reginald Henderson contracted with Gracious Living ADHCC Corp. to upfit a commercial building for a cost of $125,179.80. Default Judgment was entered on December 10, 2015. Jerry Ray Caudill (14 C 69 Buncombe County). In April 2013, Jerry Ray Caudill renovated a home in Asheville, North Carolina and was the homeowners paid him $48,500.00 for the work. The work was shoddy, and Caudill failed to obtain the requisite permits and inspections. Default Judgment was entered on February 2, 2016. Luis Guzman (13 C 246 Union County). In May 2013, Luis Guzman contracted with a homeowner to renovate a home in Waxhaw, North Carolina for a cost of $32,000.00. Subsequent change orders increased the total price to $42,000.00. Default Judgment was entered on February 2, 2016. Alejandro Rodriguez, Carolina Outdoor Concepts of Charlotte, LLC and Carolina Outdoor Concepts of N.C., Inc. (15 C 20; 15 C 21; 15 C 32; and 15 C 33). (1) On March 12, 2014, Defendant Carolina Outdoor Concepts of Charlotte, LLC contracted with a homeowner to construct a sun room onto a home in Waxhaw, North Carolina for a cost of $40,319.00. Rodriguez misrepresented the cost of the project as $27,800.00 on the building permit application. Rodriguez, Carolina Outdoor Concepts of Charlotte, LLC and Carolina Outdoor Concepts of N.C., Inc. thereafter undertook the project and failed to complete it. (2) On March 12, 2014, Defendant Carolina Outdoor Concepts of Charlotte, LLC contracted with a homeowner to construct a covered outdoor kitchen and fire pit in Waxhaw, North Carolina for a cost of $57,890.00. Rodriguez misrepresented the cost of the project as $22,100.00 on the building permit application. Rodriguez, Carolina Outdoor Concepts of Charlotte, LLC and Carolina Outdoor Concepts of N.C., Inc. thereafter undertook the project. (3) On April 12, 2014, Defendant Carolina Outdoor Concepts of Charlotte, LLC contracted with a homeowner to construct an outdoor kitchen in Waxhaw, North Carolina for a cost of $33,890.00. Rodriguez misrepresented the cost of the project as $15,100.00 on the building permit application. Rodriguez, Carolina Outdoor Concepts of Charlotte, LLC and Carolina Outdoor Concepts of N.C., Inc. thereafter undertook the project. Default Judgment was entered on February 2, 2016. WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 11 Jones Fence and Custom Vinyl, LLC and Morrison Brian Jones, as Qualifier (Northampton County, 13 C 172) License No. 63737. On January 28, 2015, Respondent Licensee Jones Fence and Custom Vinyl, LLC voluntarily surrendered its license to the Board. Respondent Qualifier Morrison Brian Jones voluntarily surrendered his examination credentials to the Board. Premier Restoration, Inc. and Georgia Lyn Cole, as Qualifier (Wake County, 13 C 143) License No. 68423. On January 26, 2015, Respondent Qualifier Georgia Lyn Cole voluntarily surrendered her examination credentials to the Board. Georgia Lyn Cole, as Qualifier (Wake County, 13C143) On January 16, 2015, Georgia Lyn Cole voluntarily surrendered her examination credentials to the Board. The Board considers surrender of examination credentials as permanent revocation. Howard Braxton Carter t/a Carter Homes (Johnston County, 14C236) License No. 45480. On January 30, 2015, Howard Braxton Carter voluntarily surrendered his license to the Board. The Board considers surrender of license as permanent revocation. Mark Randall Marshall and Mark Randall Marshall as Qualifier (Buncombe County, 14C206, 15C19) License No. 70730. On March 23, 2015, Mark Randall Marshall voluntarily surrendered his license and examination credentials to the Board. The Board considers surrender of license and examination credentials to the Board as permanent revocation. Accurate Building, Inc. (Brunswick County; 14C219, 15C11, 15C55, 15C58) License No. 60271. On July 24, 2015, Scott J. Gardner of Accurate Building, Inc. voluntarily surrendered the corporate license to the Board. The Board considers surrender of license as permanent revocation. Jason Corey Bornman (Cumberland County, 15C10) License No. 64821. On December 17, 2015, Jason Corey Bornman voluntarily surrendered his license to the Board. The Board considers surrender of license as permanent revocation. Voluntary Surrender of License To order a copy of the North Carolina General Contractors Guide to Business, Law and Project Management, please complete the order form below, submit a check for the total order amount — payable to NASCLA Publications, Inc. For credit card orders — Visa, MasterCard, Discover or American Express — mail the completed form to the address above or order by: Phone (623) 587-9519, Fax (623) 587-9625 or Online @ www.nascla.org. Please send copy(ies) of the North Carolina General Contractors $ Guide to Business, Law and Project Management @ $45.00 each $ Shipping is $12 for one book, $6 for each additional book TOTAL $ Ship To: Method of Payment: Name Enclosed check to NASCLA Visa Company MasterCard Amex Discover Mailing Address Card # Expiration Date City State Zip Name on Card Telephone/Fax Signature North Carolina General Contractors Guide To Business, Law And Project Management Order Form 23309 N. 17th Drive, Suite 110 Phoenix, Arizona 85027 (623) 587-9519 NASCLA NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS PO BOX 17187 Raleigh, NC 27619 PRSRT STD US POSTAGE PAID RALEIGH, NC PERMIT # 1230
Object Description
Description
Title | North Carolina Licensing Board for General Contractors : report |
Other Title | Report of the North Carolina Licensing Board for General Contractors |
Date | 2016 |
Description | Spring 2016 |
Digital Characteristics-A | 3.25 MB; 12 p. |
Digital Format |
application/pdf |
Pres File Name-M | pubs_serial_ncontractorsreport2016spring.pdf |
Full Text | LICENSING BOARD CALENDAR April 13, 2016 Regular Board Meeting May 30, 2016 Memorial Day / Board Office Closed July 4, 2016 Independence Day / Board Office Closed July 13, 2016 Regular Board Meeting September 5, 2016 Labor Day / Board Office Closed October 12, 2016 Regular Board Meeting November 11, 2016 Veteran’s Day / Board Office Closed November 24 & 25, 2016 Thanksgiving / Board Office Closed December 23,26 & 27, 2016 Christmas / Board Office Closed December 31, 2016 General Contractor’s Licenses Expire (Board Meeting dates are subject to change) NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT SPRING 2016 APPOINTMENT ANNOUNCEMENTS 2-3 VOLUNTARY SURRENDERS 7 DISCIPLINARY ACTION 4 CONSENT ORDERS (UNLICENSED) 7 FINAL DECISIONS 4 UNLICENSED CONTRACTOR CASES—INJUNCTIONS 9 CONSENT ORDERS (LICENSEES, INCLUDING DEFINITIONS) 4 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT A Case of Mistaken Licensing Identity: Ignorance or Intentional? The Licensing Board has as its primary duty to provide certain protections for the citizens of North Carolina. One of the protections is to ensure that the public is not misled or confused by the manner in which a contractor conducts business. North Carolina General Statute § 87-12 states “The issuance of a certificate of license or limited license by the Board shall be evidence that the person, firm or corporation named therein is entitled to all the rights and privileges of a licensed or limited license general contractor while said license remains unrevoked or unexpired.” With increasing frequency, the Board is seeing licensees operating in a name different from that which it is licensed and thus conducting business as an unlicensed contractor and subjecting the unlicensed entity to allegations of unlicensed practice. Additionally, the licensee involved in the transaction could be subject to discipline by the Board for the violation. In some cases, the use of a business name that is not licensed can be innocent ignorance to licensing law and General Statutes §87-13 and §87-14. However, in other cases there is an intent to circumvent the law as a licensed entity pulls permits and the unlicensed entity is responsible for contracts, material purchases and managing the jobsite. As a licensed general contractor, you may be saying to yourself “I am ok even though I use a different name than what’s on my license, I filed the appropriate DBA paperwork with the Register of Deeds in the county in which I work.” You would be correct if you have also notified the Board of your DBA as required by the North Carolina Administrative Code Title 21; Chapter 12; Section .0209: (a) “Any application made pursuant to G.S. 87-10 shall be accompanied by a Certificate of Assumed Name when filing is required with the Register of Deeds office in the county in which the applicant is to conduct business, pursuant to G.S. 66-68. A copy of such certification must be provided with the application to the Board…”. Paragraph (b) of .0209 addresses a change in name after a license has been issued by stating, “All licensees must comply with the requirements of G.S. 66-68 and must notify the Board within 30 days of any change in the name in which the licensee is conducting business in the State of North Carolina.” When diversifying and incorporating new identities for operational preference or to meet the needs of your customers, you must comply with all applicable laws and regulations. When it comes to a case of Mistaken Licensing Identity, whether a matter of ignorance or intentional, there are potential ramifications. The best way to clear up any confusion is to either notify the Board of a name change or submit a license application in the name which you intend to conduct business. If you have any questions about how you are conducting business and whether you are in compliance with applicable laws and regulations, give the Board’s staff a call to seek clarification and clear up any confusion. 2 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT APPOINTMENT ANNOUNCEMENTS Board Selects Frank Wiesner as New Executive Director On May 1, 2015 the Licensing Board selected C. Frank Wiesner as the agency’s new Executive Director and Secretary-Treasurer. Prior to his hire by the Board Mr. Wiesner enjoyed a 30+ year career as a residential and commercial general contractor. Born and raised in the Baltimore – Annapolis area of Maryland, Mr. Wiesner began his career in residential construction, which brought him to the Raleigh, North Carolina area in the mid 1990’s, where he continued his career as CEO of several companies working in residential and commercial land development and construction. Mr. Wiesner began work as the chief administrative officer at the Licensing Board on June 1, 2015. He has embraced his new responsibilities and brings a unique combination of executive skills and industry knowledge to the Board. Board Elects Bost & Stike as 2016 Officers At its April Board Meeting the Board elected Rex Bost as its 2016 Chairman and J. David Stike as Vice Chairman. Mr. Bost of Raleigh is owner of Bost Custom Homes and served as Vice Chairman for the Board in 2014 & 2015. Mr. Bost was appointed by Governor McCrory to a five-year term in 2014. Mr. Stike of Holly Springs is Vice President of the Utility Construction Division for Sanford Contractors. Mr. Stike was appointed to the Board by Governor McCrory in 2015 for a five-year term which will expire in 2019. Governor McCrory Appoints Sherry Harris to Board Governor Pat McCrory has appointed Charlotte native and resident Sherry Harris to the Licensing Board for a five-year term. Mrs. Harris’ term began on September 15, 2015 and will expire December 31, 2019. Mrs. Harris fills the public member seat formerly held by Leslie Silverstein whose term expired in 2014 after 10 years of distinguished service to the Board. Mrs. Harris is an Interior Designer with Harris Interiors, a Charlotte based interior design firm, and has been self-employed for over thirty years assisting her clients with interior design, renovation and decorating. Mrs. Harris is also an award winning author having written It is what it is…and the view is great; which received the 2014 Apex Publishing Excellence Award. Mrs. Harris and her husband reside in Charlotte and enjoy spending time with family and friends. Lyle Gardner appointed by Governor McCrory to Licensing Board On February 25, 2016 Governor Pat McCrory appointed Lyle D. Gardner of Raleigh to a five-year term on the Licensing Board. Mr. Gardner fills the residential contractor seat that was held with distinction by Carl “Pogie” Worsley for the past 13 years. Mr. Gardner’s term will expire December 31, 2020. Mr. Gardner has been a licensed general contractor for 40 years as President of his companies Evergreen Construction Co. and Spectrum Homes, which are based in Raleigh. Mr. Gardner has served the residential real estate industry in numerous leadership capacities including serving as President of the North Carolina Home Builders Association in 2010. Mr. Gardner and his wife reside in Raleigh and enjoy biking, hiking, snow skiing and fishing. Board Hires Camille Tong as Licensing Specialist Camille Tong was hired by the Board on June 1, 2015 as a Licensing Specialist. Ms. Tong a naturalized US Citizen was born in Guyana and immigrated to the United States settling initially in New York and then later in Washington DC. Ms. Tong brings to the Board great experience and strong administrative skills from a 25-year career with construction industry related organizations. Ms. Tong moved to North Carolina in 2013 to be close to her family. In 2014 Ms. Tong began a temporary assignment with the Board as a License Renewal Specialist which led to her being hired in her current position. 5400 Creedmoor Rd Raleigh, NC 27612 Phone: 919.571.4183 Fax: 919.571-4703 Email: Licensing – licensing@nclbgc.org License Renewal – renewals@nclbgc.org Complaints – complaints@nclbgc.org General Information – info@nclbgc.org BOARD MEMBERS Rex Bost, Chairman, Raleigh J. David Stike, Vice Chairman, Holly Springs Allen Barnhill, Tarboro Lyle D. Gardner, Raleigh Sherry Harris, Charlotte Bobby Lasater, P.E., Cary Cleve Paul, Morehead City Gray Pendleton, Raleigh Larry Watson, Blowing Rock ADMINISTRATION C. Frank Wiesner, Secretary – Treasurer Debbie Price, Director of Administration Frances McDonald, Licensing Manager Mathew Shaeffer, License Renewal Manager Connie Bartlett, Recovery Fund / Renewals Melanie Boscaljon, Administrative Assistant Brenda Spence, Reception Pam Tew, Licensing Camille Tong, Licensing Susan White, Renewals INVESTIGATIONS Susan Sullivan, Complaints Administrator Mike Silver, Director of Field Operations Mike Brown, Investigator North Coastal Curtis Huff, Investigator North Central Joel Macon, Investigator South Coastal Kenneth McCombs, Investigator South Central Anna Baird Choi, General Counsel, Nichols, Choi & Lee, PLLC NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 3 APPOINTMENT ANNOUNCEMENTS CONT. Mathew Shaeffer hired by Board as License Renewal Manager On June 1, 2015 the Board hired Mathew Shaeffer as a License Renewal Specialist. The Green Bay, WI native moved to North Carolina with his family over 20 years ago. He is a graduate of NC State with both BA and a Master Degree in History. After graduating college and prior to his being hired by the Board, Mr. Schaeffer worked in the pharmaceutical industry. In November 2014 Mr. Shaeffer was hired as a temporary License Renewal Specialist by the Board which ultimately led to his full time hire as a License Renewal Specialist. In August 2015 Mr. Shaeffer was promoted to Licensing Renewal Manager. Susan White joins Board Staff as License Renewal Specialist On November 1, 2015 the Board hired Susan White as a License Renewal Specialist. Ms. White a life-long North Carolinian enjoyed a 20+ year career in banking and administration. While a new full-time employee of the Board, Ms. White is no stranger to her new role as she previously worked 7 years as a temporary License Renewal Specialist. Ms. White’s experience and acumen allowed her to contribute immediately during the busy license renewal season. Melanie Boscaljon joins Board Staff as Administrative Assistant On February 1, 2016 the Board hired Melanie Boscaljon as an Administrative Assistant. Born and raised in a small rural town in Northwest Iowa. Ms. Boscaljon earned a BA in Education from Northwestern College of Iowa. After college Ms. Boscaljon enjoyed a 20+year career in education and financial services. After relocating to North Carolina in 2015 she began a temporary assignment working with the Board that resulted in her being hired in her current position. 4 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT Disciplinary Action (The following Board Orders and other Board disciplinary actions reported here are not a complete summary of all activity or a full representation of each case. Every effort is made for accuracy, but such is not guaranteed. Questions or requests for additional information about specific cases should be referred to the Board’s Legal Section.) Final Decisions Blue Ridge Building Contractors, LLC and Tison Collins Wyatt, as Qualifier (Henderson County, 13 C 121) License No. 63662. A disciplinary hearing was conducted on May 13, 2015 and the Final Decision was entered on May 27, 2015. Blue Ridge Building Contractors, LLC was issued a limited building license on July 6, 2007. The license was last renewed on January 3, 2012 and is currently invalid. The Board, after considering the testimony and exhibits presented during the hearing, found that the actions of the Respondent Licensee constitute misconduct in the profession. The actions of Respondent Licensee are directly attributable to and/or were committed by Respondent Qualifier and constitute misconduct in the profession. Respondent Licensee’s license and Respondent Qualifier’s ability to act as a qualifying party for a license to practice general contracting for any co-partnership, corporation or any other organization or combination are hereby revoked. Donald Michael Bender and Donald Michael Bender, as Qualifier (Wake County, 14 C 137) License No. 12477. A disciplinary hearing was conducted on April 14, 2015 and the Final Decision was entered on May 27, 2015. Donald Michael Bender was issued a limited building license on April 29, 1981. The license was last renewed on January 31, 2014 and is currently invalid. The Board, after considering the testimony and exhibits presented during the hearing, found that the actions of the Respondent Licensee constitute misconduct in the profession. The actions of Respondent Licensee are directly attributable to and/or were committed by Respondent Qualifier and constitute misconduct in the profession. Respondent Licensee’s license are currently invalid and Respondent Qualifier’s ability to act as a qualifying party for a license to practice general contracting for any co-partnership, corporation or any other organization or combination is hereby suspended for a period of five (5) months effective as of the date of the Final Decision; provided however the suspensions are stayed and the stayed suspensions shall not affect Respondent Licensee’s ability to submit a License Renewal Application for 2015 for license number 12477 nor Respondent Qualifier’s ability to act as a qualifying party for a license to practice general contracting for any co-partnership, corporation or any other organization or combination. Consent Orders Eastern Builders of the Carolinas, Inc. (Onslow County, 12 C 62;15 LBG 4489) License No. 55728. On October 14, 2015, the Board entered into a Consent Order with Eastern Builders of the Carolinas, Inc., as Respondent Licensee in with Respondent Licensee consented to surrender its license to the Board effective the date of the Consent Order. Edward Michael Bailey and Edward Michael Bailey, as Qualifier (Cumberland County, 14 C 17) License No. 24166. On April 15, 2015, the Board entered into a Consent Order with Edward Michael Bailey, as Respondent Licensee, and Edward Michael Bailey, as Qualifier, in which the Respondent Licensee consented to a period of suspension of eighteen (18) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored upon a six (6) month period of active suspension. Respondent Qualifier agreed to a period of suspension of eighteen (18) months stayed with a six (6) month period of active suspension of his examination credentials commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $2,000.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. Fiskin Brothers Construction, Inc. and Christopher Blake Fiskin and Stephen Todd Fiskin, as Qualifiers (Brunswick County, 14 C 34) License No. 63606. On April 15, 2015, the Board entered into a Consent Order with Fiskin Brothers Construction, Inc., as Respondent Licensee, Christopher Blake Fiskin, as Qualifier and Stephen Todd Fiskin, as Qualifier, in which the Respondent Licensee consented to a period of suspension of eighteen (18) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Christopher Blake Fiskin, as Respondent Qualifier and Stephen Todd Fiskin, as Qualifier each entered into a Consent Order agreeing to a period of suspension of eighteen (18) months of their examination credentials upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials of each Qualifier were conditionally restored. Respondent Licensee and Respondent Qualifiers consented to pay jointly $2,500.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. Gary R. Manus t/a Manus Homes and Gary R. Manus, as Qualifier (Mecklenburg County, 13 C 02) License No. 13877. On January 21, 2015, the Board entered into a Consent Order with Gary R. Manus t/a Manus Homes, as Respondent Licensee, and Gary R. Manus, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored upon a four (4) month period of active suspension. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed with a four (4) month period of active suspension of his examination credentials commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $1,000.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. HRS Contracting, Inc. and Christopher Hustek, as Qualifier (Mecklenburg County, 12 C 222) License No. 71092. On July 22, 2015, the Board entered into a Consent Order with HRS Contracting, Inc., as Respondent Licensee, and Christopher Hustek, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored upon a six (6) month period of active suspension. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed with a six (6) month period of active suspension of his examination credentials commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $500.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. Housing Authority of the City of Goldsboro, N.C. (Wayne County, 14 C 77) License No. 46368. On July 22, 2015, the Board entered WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 5 into a Consent Order with Housing Authority of the City of Goldsboro, N.C., as Respondent Licensee, in which the Respondent Licensee consented to a period of suspension of twenty-four (24) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Licensee consented to pay $1,500.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. J. David Lee Builders, Inc. and Joseph David Lee, II, as Qualifier (Johnston County, 13 C 172) License No. 41520. On April 15, 2015, the Board entered into a Consent Order with J. David Lee Builders, Inc., as Respondent Licensee, and Joseph David Lee, II, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license conditionally restored. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed and his examination credentials conditionally restored commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $1,500.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier agreed that within twelve (12) months of the Effective Date of the Consent Order to take, complete and pass the Law and Administration course provided by the NC Department of Insurance, Code Officials Qualification Board and submit to the Board written proof of satisfactory completion of the course. Matthew P. Funtal and Matthew P. Funtal, as Qualifier (Carteret County, 14 C 79) License No. 35973. On October 15, 2015, the Board entered into a Consent Order with Matthew P. Funtal, as Respondent Licensee, and Matthew P. Funtal, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Qualifier agreed to a period of suspension of twelve (12) months of his examination credentials commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials were conditionally restored. Respondent Licensee and Respondent Qualifier consented to pay jointly $2,000.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. McDonald Development Company, LLC and C. Wayne McDonald, as Qualifier (Randolph County, 13 C 82) License No. 50258. On January 21, 2015, the Board entered into a Consent Order with McDonald Development Company, LLC, as Respondent Licensee, and C. Wayne McDonald, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Qualifier agreed to a period of suspension of Consent Order: An order of the Board resulting from an agreement between the Board and a licensee regarding the revocation or suspension of the license to practice general contracting, or the conditions, limitations or restrictions placed on that license. This is a method of resolving or settling disciplinary or contested cases in lieu of a disciplinary hearing. Revocation: A Board action which permanently terminates a license by effectively withdrawing that license to practice general contracting. Suspension: A Board action which inactivates a license to practice general contracting for a set period of time. Dismissal/Voluntary Dismissal: A Board action dismissing a contested case, resulting in no disciplinary action against the licensee or Respondent. Voluntary Surrender: A licensee’s relinquishing or tendering of the license to practice general contracting, pending an investigation or other action by the Board. Reprimand: A Board action wherein the licensee and/or qualifier is/are reprimanded for disciplinary purposes. The Reprimand becomes a permanent record in the file and is subject to approval by the licensee/qualifier in lieu of being referred to the full Board for formal proceedings. Admission of Violation: A document signed by a licensee who admits to the stated violations, agrees not to repeat them, but acknowledges that the Board may use the document against the licensee prospectively should such action become necessary. Injunction: A Superior Court order entered against an unlicensed contractor who is illegally practicing general contracting. Such an order stops the illegal practice and can be obtained by consent of a cooperating contractor or by default judgment; violation of the injunction is contempt of court. Code: Provisions of the North Carolina State Building Code (Residential/Vol. VII and previous editions; General Construction/ Vol. 1). Definitions 6 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials were conditionally restored. Robert L. Ritchie t/a Robert L. Ritchie Const. and Robert L. Ritchie, as Qualifier (Cabarrus County, 14 C 67) License No. 24478. On July 22, 2015, the Board entered into a Consent Order with Robert L. Ritchie t/a Robert L. Ritchie Const., as Respondent Licensee, and Robert L. Ritchie, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Qualifier agreed to a period of suspension of twelve (12) months of his examination credentials commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials were conditionally restored. Respondent Licensee and Respondent Qualifier consented to pay jointly $500.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. Robert T. Hinnant and Robert T. Hinnant, as Qualifier (Wayne County, 13 C 85) License No. 26414. On January 21, 2015, the Board entered into a Consent Order with Robert T. Hinnant, as Respondent Licensee, and Robert T. Hinnant, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored upon a three (3) month period of active suspension. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed with a three (3) month period of active suspension of his examination credentials commencing upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier agreed that within twelve (12) months of the Effective Date of the Consent Order to take and pass the Law and Administration course provided by the NC Department of Insurance, Code Officials Qualification Board and submit to the Board written proof of satisfactory completion of the course. Respondent Licensee and Respondent Qualifier consented to pay jointly $1,500.00 cost recovery to the Board within sixty (60) days from the Effective Date of the Consent Order. Thomas Clifton Stewart, III and Thomas Clifton Stewart, as Qualifier (Cumberland County, 13 C 76) License No. 70201. On April 15, 2015, the Board entered into a Consent Order with Thomas Clifton Stewart, III, as Respondent Licensee, and Thomas Clifton Stewart, as Qualifier, in which the Respondent Licensee consented to a period of suspension of twelve (12) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license conditionally restored. Respondent Qualifier agreed to a period of suspension of twelve (12) months stayed and his examination credentials conditionally restored commencing WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 7 upon the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier consented to pay jointly $1,000.00 cost recovery to the Board within fifteen (15) days from the Effective Date of the Consent Order. Respondent Licensee and Respondent Qualifier agreed that within twelve (12) months of the Effective Date of the Consent Order to take in person and pass a Level I Building Code Course offered by the North Carolina Department of Insurance or an equivalent course dealing with the North Carolina State Residential Building Code, pre-approved by the Board, and submit to the Board written proof of satisfactory completion of the course. Viegas Homes & Consulting, Inc. and Jeff Viegas, as Qualifier (Mecklenburg County, 14 C 38) License No. 56587. On April 15, 2015, the Board entered into a Consent Order with Viegas Homes & Consulting, Inc., as Respondent Licensee, and Jeff Viegas, as Qualifier, in which the Respondent Licensee consented to a period of suspension of eighteen (18) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the license was conditionally restored. Respondent Qualifier agreed to a period of suspension of eighteen (18) months commencing upon the Effective Date of the Consent Order. By consent, the suspension was stayed and the examination credentials were conditionally restored. Respondent Licensee and Respondent Qualifier consent to pay jointly $1,500.00 cost recovery to the Board within thirty (30) days from the Effective Date of the Consent Order. Reprimands Christopher Paul Bender and Christopher Paul Bender, as Qualifier (Wake County, 14 C 138) License No. 71687. Mountain Brook Homes, Inc. and James Dean Wallace, Jr., as Qualifier (Buncombe County, 13 C 183) License No. 68047. Stewart Montgomery Builders, Inc. and Stewart M. Montgomery, as Qualifier (New Hanover County, 13 C 198) License No. 37104. All Pro Builders, Inc. (Lenoir; 13C134) License No. 57724. DMR Company (Alamance; 13C205) License No. 45119. Parker Building Group, Inc. (Alamance; 13C238) License No. 72481. Timber Creek Homes, Inc. (Rockingham; 14C32) License No. 71922. Dacota Group, LLC (Johnston; 14C71) License No. 57467. Tidal Wave, LLC (Pender; 14C80) License No. 59419. R & E General Contracting, Inc. (Nash; 14C87) License No. 38735. Sunset Builders of North Carolina, Inc. (Jackson; 14C96) License No. 73774. Ronald G. Johnston t/a Ron Johnston Complete Remodeling (Brunswick; 14C99) License No. 53253. Hawkins’ Construction and Development, Inc. (Craven; 14C105) License No. 44175. Larry Wallace Building Contractor, Inc. (Person; 14C109) License No. 35028. Stello Construction, Inc. (New Hanover; 14C115) License No. 63152. Carolina Home Remodeling, LLC (Gaston; 14C122) License No. 53635. Eastern Home Services, Inc. (Carteret; 14C171) License No. 73729. Buckhorn Builders, Inc. (Cabarrus; 14C175) License No. 55785. Bernard Mason t/a Mason Builders (Northampton; 14C210, 14C211, 14C212, 14C213, 14C214, 14C215, 14C216) License No. 39316. Mark Myers t/a Mark Myers Construction (Catawba; 14C233) License No. 30870. Mawa, LLC (Guilford; 14C35) License No. 65604. Riptide Builders, LLC (New Hanover; 14C58) License No. 70409. Preservation Professional Services, Inc. (Mecklenburg; 14C231) License No. 72331. Benjamin Stout Real Estate Services, Inc. (Cumberland; 14C260) License No. 69633. Wade Allen Workman (Lincoln; 14C273) License No. 40896. Lars Rousseau t/a Lars Rousseau Construction (Mitchell; 14C277) License No. 50076. Sigma General Contracting, LLC (Durham; 15C02) License No. 56897. Legacy Builders Group, Inc. (Durham; 15C30) License No. 48936. James L. Wait (Ashe; 15C36) License No. 60894. Douglas Todd Johnson (Davidson; 15C44) License No. 72788. Sam N Hammer, Inc. (Mecklenburg; 15C50) License No. 51434 Admission Of Violation David Stapleton Construction, Inc. and David Wayne Stapleton, as Qualifier (Watauga County, 11 C 220) License No. 46298. On August 26, 2015, the Board entered into an Acceptance of Admission of Violation and Order with David Stapleton Construction, Inc. and David Wayne Stapleton, Qualifier. Consent Orders (Unlicensed Contractors) Permanent Injunctions were obtained by entry of a Consent Order in Wake County Superior Court concerning each of the following unlicensed contractors who practiced general contracting in an amount of $30,000 or more, in violation of N.C.G.S. § 87-13, but who agreed to be enjoined, paid court costs and service fees and cooperated with the Board in the matter. Mid South Land Services, Inc. and Thomas C. Martin (13 C 231 Davie County). The Board contended that Mid South Land Services, Inc. and Thomas C. Martin undertook construction of an indoor pool and an addition onto a home in Advance, North Carolina. Mid South Land Services, Inc. and Thomas C. Martin denied that they engaged in the unauthorized practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on November 25, 2014. Felix Thompson d/b/a Thompson Construction (14 C 149 Carteret County). Felix Thompson submitted a bid to a homeowner to renovate apartment buildings in Beaufort, North Carolina for a price of $113,481.66. Thompson thereafter undertook the work. The parties agreed and stipulated to the above findings of fact and agreed to be 8 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT bound by the terms of a Consent Order entered on March 12, 2015. Dennis Siracusa and Residential Technical Services, Inc. (14 C 73 Mecklenburg County). Beginning in December 2010, Dennis Siracusa and Residential Technical Services, Inc. verbally agreed with homeowners to perform various serial remodeling projects on a home in Charlotte, North Carolina. When the homeowners requested certain projects, Siracusa and Residential Technical Services, Inc. involved a licensed general contractor. The homeowners paid Siracusa and Residential Technical Services, Inc. for all work and material, and they then paid the general contractor. Siracusa and Residential Technical Services, Inc. were unaware that their activities would be deemed the unlicensed practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on March 12, 2015. Denis Bostok d/b/a FMK Roofing (14 C 170 Mecklenburg County). On September 20, 2013, Denis Bostok contracted with a townhome homeowners’ association to reroof 15 townhomes and a clubhouse for a cost of $258,450.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on March 20, 2015. Earl Weeks d/b/a Intracoastal Marine Construction (14 C 187 Carteret County). On July 26, 2012 Earl Weeks contracted with a landowner to construct a 400’ bulkhead in Newport, North Carolina for a cost of $40,400.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on March 24, 2015. Ryan Michael Provo and Provo Construction, LLC (14 C 144 Person County). On February 10, 2014, Ryan Michael Provo and Provo Construction LLC contracted with homeowners to repair a fire-damaged house for an estimated cost of $105,000.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on March 26, 2015. Robert M. House and R & D Construction of NC, LLC (14 C 194 Cumberland County). On January 18, 2013, Robert M. House and R & D Construction, LLC contracted with a homeowner to repair a roof on a home in Fayetteville, North Carolina for a cost of $33,000.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on May 8, 2015. V. Darrell Bridgers d/b/a Bridgers Remodeling (14 C 180 Pitt County). The Board asserted that in January 2012, Darrell Bridgers verbally contracted with a homeowner to construct a detached garage in Farmville, North Carolina and was paid $57,269.18 for the work. The Board further contended that Darrell Bridgers contracted with the same homeowner to repair a home in Tarboro, North Carolina for a cost of $33,980.00. Bridgers denied that he engaged in the unauthorized practice of general contracting; however, the parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on July 17, 2015. Coverall Construction, Inc. (14 C 275 Pasquotank County). On July 28, 2014, Coverall Construction, Inc. contracted with homeowners in Elizabeth City, North Carolina to repair a storm-damaged home for a cost of $50,287.00. Defendant was misinformed that the license threshold was $60,000.00 and did not intend to engage in the unauthorized practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on August 18, 2015. MME Real Estate Investment Group, LLC d/b/a MME Construction Group (14 C 242, 14 C 245 and 15 C25; Pitt, Craven and Johnston Counties). From June 9, 2014 to September 3, 2014, MME Construction Group contracted with three separate entities in New Bern, Greenville and Clayton, North Carolina to upfit commercial space for Firehouse Subs restaurants at costs ranging from $130,000.00 to $140,711.36. The parties agreed and stipulated to the above WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 9 findings of fact and agreed to be bound by the terms of a Consent Order entered on September 28, 2015. Aquatic Creation, Inc. (15 C 38 Wake County). On February 21, 2013, Aquatic Creation, Inc. contracted with homeowners to construct a pool, retaining wall and fireplace on property located in Apex, North Carolina for a cost of $100,892.00. Aquatic Creation, Inc. had an ownership interest in a licensed general contractor and a permit for the work was obtained in the name of the licensed entity. Aquatic Creation, Inc. did not intend to engage in the unauthorized practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on September 28, 2015. Andrew Pierce Rowland and Deborah P. Rowland d/b/a The Addison Group (14 C 145 Haywood County). In August 2013, Andrew Pierce Rowland submitted an estimate to homeowners to renovate a home in Waynesville, North Carolina for a cost of $45,000.00 to $55,000.00. The homeowners paid Andrew Pierce Rowland and Deborah P. Rowland $23,000.00 via funds wired into Deborah P. Rowland’s bank account; however, work was never performed for the homeowners. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on October 9, 2015. Jim Jones d/b/a LJJ Innovations (14 C 228 Moore County). On March 31, 2014, Jim Jones contracted with homeowners to construct a garage and laundry/mudroom for a home located in Southern Pines, North Carolina for a cost of $24,700.00. On April 19, 2014, Jones contracted with the same homeowners to renovate and reroof the home for $55,950.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on November 16, 2015. Michael Miles d/b/a Woodslinger’s Construction (14 C 274 Pasquotank County). On June 25, 2014, Michael Miles applied for a building permit to repair a storm-damaged home in Pasquotank County, North Carolina at the request of a Virginia contractor and stated the cost of the job as $29,000.00. The unlicensed Virginia contractor contracted directly with the homeowner to perform the work at a cost of $50,287.00. Defendant was unaware that his action would be deemed the unlicensed practice of general contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on November 16, 2015. Robert Williams d/b/a DGS Contracting; Dynamic Group Services, LLC; and DGS Contracting Service, LLC (14 C 169 Wake / Durham Counties). Robert Williams and Dynamic Service Group, LLC contracted with an owner to remodel two homes in Durham and Chapel Hill, North Carolina for costs of $32,500.00 and $105,000.00. DGS Contracting Service, LLC was formed to continue the practice of unlicensed contracting. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on December 17, 2015. Rick Young d/b/a Rick Young Construction (15 C 05 Alamance County). Rick Young contracted with a homeowner to construct an addition onto a home in Greenville, North Carolina for a price of $38,824.00. The parties agreed and stipulated to the above findings of fact and agreed to be bound by the terms of a Consent Order entered on February 2, 2016. Unlicensed Contractor Cases – Injunctions Permanent Injunctions were obtained by entry of a Default Judgment or a Summary Judgment in Wake County Superior Court against each of the unlicensed contractors listed below for practicing general contracting in an amount of $30,000 or more, in violation of N.C.G.S. § 87- 13. In some instances, the Sheriff was unable to locate the contractors and/or Certified Mail was not delivered, but the Board effected service either by newspaper publication or through the Secretary of State; nevertheless, the contractors were enjoined from further practice of general contracting (including bidding) in an amount of $30,000 or more until such time as he/she/it becomes licensed by the Board. Mainsail Construction Group, LLC (Randolph County 13 C 153). On December 17, 2012, Mainsail Construction Group, LLC contracted with a business in Lexington, North Carolina to construct a loading dock for a cost of $44,431.00. Mainsail Construction Group, LLC undertook construction and a subsequent change order increased the contract price to $45,018.00. Default Judgment was entered on November 13, 2014. Terry Wayne Browder and Before-N-After Construction Company (Stokes County; 13 C 91). On November 11, 2012, Before-N-After Construction Company contracted with a homeowner to remodel a home in Westfield, North Carolina for a cost of $41,439.00. Terry Wayne Browder and Before-N-After Construction Company undertook the construction, and subsequent change orders increased the contract price to $45,914.00. Default Judgment was entered on November 13, 2014. James Albert Moseley d/b/a Jim Moseley Construction (Madison County). In November 2012, James Albert Moseley contracted with an owner to upfit a Subway restaurant in Mars Hill, North Carolina for a cost of $73,500.00. Default Judgment was entered on February 3, 2015. Ron L. White (Wake County). On June 25, 2012, Ron L. White contracted with a homeowner to construct a building shell for a home in Raleigh, North Carolina for a cost of $33,484.00. White then contracted with the homeowner to complete the home for $74,695.00. Default Judgment was entered on May 26, 2015. Charles Lamont Purvis (Mecklenburg County). In August 2013, Charles Lamont Purvis verbally contracted with a homeowner for the remodeling and repair of three homes located on Coxe Avenue in Mecklenburg County for costs in excess of $30,000.00 for each home. Default Judgment was entered on May 26, 2015. Eddie Quillin (Davie County 14C129). On January 26, 2013, Eddie Quillin contracted with a homeowner to renovate a home in Davie County for a cost of $36,500.00. Defendant added additional work, and the homeowner ultimately paid Quillin $51,000.00. Default Judgment was entered on June 29, 2015. Patrick Digorga (Alexander County 14C207). In October 2012, Patrick Digorga contracted with a homeowner to construct a 3-stall garage in Alexander County for accost of $38,927.00. The homeowner paid Digorga $39,260.00 before Digorga abandoned the project, leaving a structure the failed to comply with building code requirements. Default Judgment was entered on May 26, 2015. Michael Pearce d/b/a Superior Home Improvements, Inc. (Mecklenburg County 14C168). On January 17, 2014, Michael Pearce contracted with JK Home Service, Inc. 10 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT to construct a home in Charlotte, North Carolina for a cost of $74,000.00. Pearce assumed all responsibility for and undertook to superintend and manage the entire construction despite being identified as a subcontractor in a written contract. Default Judgment was entered on June 29, 2015. Timothy D. Ferruzzi and Handy Helpers, Inc. (Pitt County 14 C 209). On February 25, 2014, Timothy D. Ferruzzi and Handy Helpers, Inc. submitted a Proposal to a homeowner to build a screened porch onto a home in Grimesland, North Carolina for a cost of $17,000.00. Thereafter, on May 16, 2014, Ferruzzi and Handy Helpers, Inc. submitted a second Proposal to the homeowner to upgrade the screened porch to a sunroom for an additional cost of $18,000.00 plus the cost of tile, windows and a patio door. Default Judgment was entered on October 16, 2015. Mark Lewis and Lewco Professional Services, LLC (Haywood County 15 C 76). Mark Lewis and Lewco Professional Services, LLC submitted an Estimate to homeowners in Waynesville, North Carolina to repair and renovate a home for a cost of $52,720.00. Default Judgment was entered on December 10, 2015. Reginald Henderson (Mecklenburg County 14 C 237). On February 7, 2014, Reginald Henderson contracted with Gracious Living ADHCC Corp. to upfit a commercial building for a cost of $125,179.80. Default Judgment was entered on December 10, 2015. Jerry Ray Caudill (14 C 69 Buncombe County). In April 2013, Jerry Ray Caudill renovated a home in Asheville, North Carolina and was the homeowners paid him $48,500.00 for the work. The work was shoddy, and Caudill failed to obtain the requisite permits and inspections. Default Judgment was entered on February 2, 2016. Luis Guzman (13 C 246 Union County). In May 2013, Luis Guzman contracted with a homeowner to renovate a home in Waxhaw, North Carolina for a cost of $32,000.00. Subsequent change orders increased the total price to $42,000.00. Default Judgment was entered on February 2, 2016. Alejandro Rodriguez, Carolina Outdoor Concepts of Charlotte, LLC and Carolina Outdoor Concepts of N.C., Inc. (15 C 20; 15 C 21; 15 C 32; and 15 C 33). (1) On March 12, 2014, Defendant Carolina Outdoor Concepts of Charlotte, LLC contracted with a homeowner to construct a sun room onto a home in Waxhaw, North Carolina for a cost of $40,319.00. Rodriguez misrepresented the cost of the project as $27,800.00 on the building permit application. Rodriguez, Carolina Outdoor Concepts of Charlotte, LLC and Carolina Outdoor Concepts of N.C., Inc. thereafter undertook the project and failed to complete it. (2) On March 12, 2014, Defendant Carolina Outdoor Concepts of Charlotte, LLC contracted with a homeowner to construct a covered outdoor kitchen and fire pit in Waxhaw, North Carolina for a cost of $57,890.00. Rodriguez misrepresented the cost of the project as $22,100.00 on the building permit application. Rodriguez, Carolina Outdoor Concepts of Charlotte, LLC and Carolina Outdoor Concepts of N.C., Inc. thereafter undertook the project. (3) On April 12, 2014, Defendant Carolina Outdoor Concepts of Charlotte, LLC contracted with a homeowner to construct an outdoor kitchen in Waxhaw, North Carolina for a cost of $33,890.00. Rodriguez misrepresented the cost of the project as $15,100.00 on the building permit application. Rodriguez, Carolina Outdoor Concepts of Charlotte, LLC and Carolina Outdoor Concepts of N.C., Inc. thereafter undertook the project. Default Judgment was entered on February 2, 2016. WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 11 Jones Fence and Custom Vinyl, LLC and Morrison Brian Jones, as Qualifier (Northampton County, 13 C 172) License No. 63737. On January 28, 2015, Respondent Licensee Jones Fence and Custom Vinyl, LLC voluntarily surrendered its license to the Board. Respondent Qualifier Morrison Brian Jones voluntarily surrendered his examination credentials to the Board. Premier Restoration, Inc. and Georgia Lyn Cole, as Qualifier (Wake County, 13 C 143) License No. 68423. On January 26, 2015, Respondent Qualifier Georgia Lyn Cole voluntarily surrendered her examination credentials to the Board. Georgia Lyn Cole, as Qualifier (Wake County, 13C143) On January 16, 2015, Georgia Lyn Cole voluntarily surrendered her examination credentials to the Board. The Board considers surrender of examination credentials as permanent revocation. Howard Braxton Carter t/a Carter Homes (Johnston County, 14C236) License No. 45480. On January 30, 2015, Howard Braxton Carter voluntarily surrendered his license to the Board. The Board considers surrender of license as permanent revocation. Mark Randall Marshall and Mark Randall Marshall as Qualifier (Buncombe County, 14C206, 15C19) License No. 70730. On March 23, 2015, Mark Randall Marshall voluntarily surrendered his license and examination credentials to the Board. The Board considers surrender of license and examination credentials to the Board as permanent revocation. Accurate Building, Inc. (Brunswick County; 14C219, 15C11, 15C55, 15C58) License No. 60271. On July 24, 2015, Scott J. Gardner of Accurate Building, Inc. voluntarily surrendered the corporate license to the Board. The Board considers surrender of license as permanent revocation. Jason Corey Bornman (Cumberland County, 15C10) License No. 64821. On December 17, 2015, Jason Corey Bornman voluntarily surrendered his license to the Board. The Board considers surrender of license as permanent revocation. Voluntary Surrender of License To order a copy of the North Carolina General Contractors Guide to Business, Law and Project Management, please complete the order form below, submit a check for the total order amount — payable to NASCLA Publications, Inc. For credit card orders — Visa, MasterCard, Discover or American Express — mail the completed form to the address above or order by: Phone (623) 587-9519, Fax (623) 587-9625 or Online @ www.nascla.org. 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OCLC number | 122998001 |