NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT
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New Rules Effective in 2014
REPORT
WINTER 2014
NORTH CAROLINA LICENSING BOARD
FOR GENERAL CONTRACTORS
Proposed Rules Include Revisions to Building Classification, Complaint Procedures, Financial Statement Standards
The Board proposed twelve new rules in 2013 and if there are no objections filed, most or all the proposed rules could become effective as of April 1, 2014. The proposed rules and Notice were published in the September 16, 2013 issue of the North Carolina Register and a public hearing was conducted October 9, 2013 to receive public comment. The Board will vote on the rules at its January 2014 Board meeting and if approved, the rules will then be submitted to Rules Review Commission for final consideration.
One new rule proposed for adoption, 21 NCAC 12 .0309, sets out procedures and requirements for application for licensure by members of the military or military spouses. 21 NCAC 12 .0202, “Building Contractor,” clears up confusion within the regulated scope of activities allowed in the commercial building classification. Another important amended rule, 21 NCAC 12 .0204, “Eligibility,”
Governor McCrory Reappoints Rex Bost to Board
Governor Pat McCrory has reappointed building contractor Rex Bost to the Licensing Board for a five-year term. Mr. Bost was first appointed to the Board in 2011, filling the residential contractor slot formerly held by Stan White of Nags Head. His term begins January 1, 2014 and expires December 31, 2018.
Mr. Bost is a graduate of East Carolina University and owns Bost Custom Homes in Cary. He has been active in the Dream Homes program for the Leukemia/Lymphoma Society. Mr. Bost is also active in the North Carolina Home Builders Association and the Home Builders Association of Raleigh-Wake County, serving as President in 2002. He became a member of “Builder 20 Peer Group”, a nationally known panel of luxury home builders in 2012.
Rex and his wife Brenda live in Cary and have two sons, Wells and Evan.
LICENSING BOARD CALENDAR
January 1, 2014
New Year’s Day
Board Office Closed
January 20, 2014
Martin Luther King Jr.’s Birthday
Board Office Closed
January 22, 2014
Regular Board Meeting
April 9, 2014
Regular Board Meeting
April 18, 2014
Good Friday
Board Office Closed
May 26, 2014
Memorial Day
Board Office Closed
July 4, 2014
Independence Day
Board Office Closed
July 16, 2014
Regular Board Meeting
September 1, 2014
Labor Day
Board Office Closed
October 8, 2014
Regular Board Meeting
(Board Meeting dates are subject to change)
DISCIPLINARY ACTION (INCLUDING DEFINITIONS) 5
CONSENT ORDERS (LICENSEES) 6
UNLICENSED CONTRACTOR CASES — INJUNCTIONS 9
REPRIMANDS 11
FINAL DECISIONS 5
CONSENT ORDERS (UNLICENSED) 8
VOLUNTARY SURRENDERS 10 2 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
NORTH CAROLINA
LICENSING BOARD
FOR GENERAL
CONTRACTORS
sets out newly promulgated accounting and reporting standards for audited
financial statements submitted by license applicants. 21 NCAC 12.0503,
“Renewal,” will require corporate licensees to notify the Board within 30 days of
a withdrawal of its Certificate of Authority.
Many of the proposed rules are amendments to simplify or streamline exist-ing
procedures or current requirements by rule, or to make a rule conform to
recent statutory changes to Board licensing statutes. Rule 21 NCAC 12.0205
“Filing Deadline” is a conforming amendment reflecting a recent change to G.S.
87-10, extending the period from non-renewal to active from two years to four
years. 21 NCAC 12 .0701 and .0702 reflect a more streamlined process regard-ing
complaints filed against licensed and non-licensed contractors. 21 NCAC
12 .0103 “Structure” redefines the meaning of a Board quorum. Rule 21 NCAC
12 .0703 “Fee,” clarifies how bad checks written to the Board are handled and
provides that if a fee is not paid and the license is invalid for four years, the
person must then meet all requirements of a new applicant. An amendment to
21 NCAC .0209 “Application” sets requirements for applicants or licensees
New Delivery Address
for Applications,
License Renewals
With the Board’s recent office relocation,
the physical address for mailing or
delivering applications, annual renewals
or correspondence to the Licensing Board
has changed. The new address is 5400
Creedmoor Road, Raleigh, NC 27612. The
Board’s post office box (P.O. Box 17187,
Raleigh, NC 27619) remains the same.
The Board’s fax number (919.571.4703)
and main number (919.571.4183) also
have not changed.
For the most recent changes, news or
forms, please visit the Board’s website,
www.nclbgc.org. The website offers
current versions of the Board’s publications,
laws, application forms and Homeowners
Recovery Fund claim forms.
North Carolina Licensing Board
for General Contractors
  North
Carolina
General
Contractor
Licensing
Statutes
  Homeowners
Recovery
Fund
Laws
  Regulations
for
Contractors
  North
Carolina
Administrative
Code
2014
Laws a nd
Regulations
Applic able to
General
Contracting in
the State of
North Carolina
APPLICATION
FOR
LICENSE TO PRACTICE GENERAL CONTRACTING
IN THE
STATE OF NORTH CAROLINA
Name of
Applicant________________________________________________________________________________________________________________________
(Exact name in which license is to be issued,i.e.,corporation,partnership,individual,proprietorship)
Applicant’s Street
Address or P.O.Box______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
City State Zip
County__________________________________________________________ Telephone Number _________________________________________
E-mail Address (Opational)________________________________________________________________________
For Office Use Only
Information on this application must be typewritten or completed in dark ink. Facsimile copies or
reproductions of this application formor attachments will not be accepted.
A1
( )
Attach Check Here
2011
5400 Creedmoor Road
P.O. Box 17187
Raleigh, NC 27619
Phone: 919.571.4183
Fax: 919.571.4703
www.nclbgc.org
BOARD MEMBERS
Cleve Paul, Chairman, Goldsboro
Leslie Silverstein, Vice-Chairman, Raleigh
Allen Barnhill, Tarboro
Rex Bost, Cary
Bobby Lasater, P.E., Cary
Susan J. Monroe, Fayetteville
Jerry Smith, Goldsboro
Larry Watson, Blowing Rock
Carl E. Worsley, Nags Head
ADMINISTRATION
Mark Selph, Secretary-Treasurer
Nancy G. Routh, Associate
Sec.-Treasurer
Frances McDonald, Licensing Manager
Debbie Price, Administrative Assistant
Cherie Sutton, License
Renewal Manager
Connie Bartlett, Recovery
Fund/Renewals
Brenda Spence, Reception
Pam Tew, Licensing
Mozelle Hicks, Renewals
Amanda Carter, Licensing
INVESTIGATIONS
Susan Sullivan,
Complaints Administrator
Michael Silver, Senior Inv., Western
Joel Macon, Field Inv/South Coastal
Mike Brown, Field Inv/North Coastal
Kenneth McCombs, Field Inv/
South Central
Curtis Huff, Field Inv/North Central
New Rules Effective in 2014
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WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 3
New Rules Effective in 2014
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to use only one assumed name; the name may not be confusingly similar to a name used by another licensed general
contractor. 21 NCAC 12 .0906 “Processing of Application” amends and revises the current rule to streamline procedures
for review of claims submitted before the Homeowners Recovery Fund Review Committee. And 21 NCAC 12 .0901
“Definitions” more accurately describes rules references to the residential building code.
Text of all proposed rules is published in the September 16, 2013 issue (Volume 28, Issue 06) of the North Carolina
Register, which is available on the Office of Administrative Hearings website, www.oah.state.nc.us/rules/register/.
What is a Lien Agent?
The North Carolina construction industry has had almost a year’s experience with the new “lien agent” requirement for
liens. Thankfully, and perhaps surprisingly, the roll-out of this set of requirements has been fairly smooth on the front end.
What remains to be seen is how many parties end up losing their lien rights because they didn’t figure out how to use the
new website, and follow the law for preserving their lien rights. This article touches on those issues to refresh contractors
on what is now the law for preserving their lien rights.
1. The “Hidden Lien”
Title insurers complained for years regarding “hidden liens” that exposed them to losses when those liens arose after
real estate closings. Because North Carolina does not utilize a pre-notice system, parties who furnish improvements to
real property do not have to file any document in the public record until actually making the claim of lien as long as 120
days after the date of last furnishing. The insurers claimed they were unable to know about these “hidden liens,” and
therefore couldn’t protect against those risks in the absence of legislation.
2. The Lien Agent
The resulting lien law revisions, packaged as part of Senate Bill 42 (2012), were intended to give an earlier notice to
insurers, lenders, closing attorneys, and the like. Under the new system, for projects first contracted or initiated after
April 1, 2013, any party who will or may furnish labor, material, or services to improve real property is deemed a “poten-tial
lien claimant” who must give notice to a lien agent to preserve lien rights. The lien agent must be a representative of
a title insurance company registered with the North Carolina Department of Insurance. At present there are only a handful
of title insurers in the state, all of whom have participated in the creation of an electronic database and website designed
for receiving and reporting notices to lien agents.
An owner is required under SB 42 to appoint a lien agent when the project is valued at $30,000 either at the time of
the original permitting or at the time of the original contracting (if no permit is required). No lien agent is required for proj-ects
to improve an existing single-family residence used by the owner as his or her home.
Under the statutes, the owner is responsible to identify the lien agent, but it will often fall to the general contractor to
notify subs and suppliers. This is done primarily through the building permit application in the inspections department.
When the owner fails to appoint a lien agent, the general contractor is most likely to retain one directly through the
www.liensnc.com website. The website’s instructions permit an owner or general contractor to appoint a lien agent by
registering on the site, using the Appointment of Lien Agent option, filling in the required prompts to identify the project,
and paying the statutory fee of $25 for a one or two family dwelling or $50 for any other project.
(CONTINUED ON PAGE 4)
4 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
3. Notice to Lien Agent
A Notice to Lien Agent must include the following components: (1) the potential lien claimant’s name, mailing address,
telephone number, fax number, and email address (if available), (2) the name of the party with whom the potential lien
claimant has contracted, and (3) a description of the real property. The Notice of Lien Agent must be served through
one of the permitted methods – via certified mail, signature confirmation, personal delivery, facsimile, overnight delivery
services (FedEx, UPS), email, or through the approved website. By far, the simplest method is to access the www.lien-snc.
com website, using the QR code that should be present on the lien agent printout posted by the owner or General
Contractor on the project permit board. The notice can be filled out on a smartphone or tablet device, and delivered
electronically. The final step for any Notice to Lien Agent is to confirm delivery via a written or electronic receipt.
4. Failure to Serve Notice to Lien Agent
There is a single reason why contractors need to know and understand the obligation to give notice to the lien agent:
failure to do so can lead to losing your lien rights. Any potential lien claimant who has not either filed its claim of lien, or
else delivered its notice to lien agent, prior to sale of the real property to a bona fide purchaser for value is prohibited
from enforcing a claim of lien upon the real property. Similarly, if the Notice to Lien Agent is not served prior to the recor-dation
of a mortgage or deed of trust associated with real property, a subsequently filed lien will be deemed subordinate
to the rights of the lender.
The only exception to this rule occurs when the party first furnished the labor and materials to the real property no
later than fifteen (15) days prior to the sale. If the fifteen-day provision does not apply and the Notice to Lien Agent is not
timely delivered prior to sale or financing of the real property, the claimant’s lien rights are lost or diminished.
5. Going Forward
The first step after getting a contract for a project is finding out who the lien agent is. If you are a subcontractor, the
General Contractor should be able to tell you. If you are contracted directly with the owner, it may fall on you to appoint
the lien agent through the website, so you have the needed info to get your permit issued. After that, give notice to the
lien agent to preserve your rights. And finally, if you aren’t getting paid, you still have to take all the necessary steps of
filing the lien, and enforcing it through a lawsuit. Only through all of these steps can you be certain that your lien rights
remain intact under the new legal requirements.
By Brian J. Schoolman, Safran Law Offices, Raleigh
Reprinted by permission/this article was first published in the September 2013 issue of Carolinas Contacts (CRSMCA)
What is a Lien Agent?
(CONTINUED FROM PAGE 3)
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 5
Allen Design Associates, Inc.
and Robert Harrison Allen, Jr., as
Qualifier (Mecklenburg County, 10 C
228) License No. 59478. A disciplin-ary
hearing was conducted on May
8, 2013 and the Final Decision was
entered on May 20, 2013. Allen Design
Associates, Inc. was issued an unlim-ited
residential license on January 3,
2006. The license was last renewed
on January 29, 2013 and is currently
active. The Board, after considering
the testimony and exhibits presented
during the hearing, found that the
actions of the Respondent Licensee
constitute misconduct. The actions
of Respondent Licensee are directly
attributable to and/or were committed
by Respondent Qualifier and con-stitute
misconduct. The misconduct
of the Licensee was mitigated by its
efforts to correct the defective condi-tions
in the Fusco residence. No dis-ciplinary
action will be taken against
Respondent Licensee or Respondent
Qualifier provided that within one (1)
year from the Effective Date of the
Order Respondent Qualifier takes and
successfully completes the Standard
Level I Building Code Course offered
by the North Carolina Department of
Insurance or equivalent. If Respondent
Qualifier does not timely complete
such course, Respondent Licensee
shall surrender its license to the
Board on written demand by the
Secretary-Treasurer of the Board
and Respondent Qualifier’s ability to
act as a qualifying party for a license
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.)
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 disciplin-ary
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 pur-poses.
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 prospec-tively
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 Build-ing
Code (Residential/Vol. VII and previous editions;
General Construction/Vol. I).
Definitions
Final Decisions
6 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
to practice general contracting for
any co-partnership, corporation or
any other organization or combina-tion
automatically shall be revoked.
Sean Scott Fincher and Sean Scott
Fincher, as Qualifier (Wake County,
11 C 65) License No. 34228. A dis-ciplinary
hearing was conducted on
May 8, 2013 and the Final Decision
was entered on May 20, 2013. Sean
Scott Fincher was issued a limited
residential license on January 11,
1995. The license was last renewed
on June 24, 2011. The Board, after
considering the testimony and
exhibits presented during the hear-ing,
found that the actions of the
Respondent Licensee constitute mis-conduct.
The actions of Respondent
Licensee are directly attributable
to and/or were committed by
Respondent Qualifier and constitute
misconduct. 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 combina-tion
are hereby revoked and may not
be renewed under G.S. § 87-10(e).
Consent Orders
( Licensees )
Butch Heatherly t/a Heatherly
Construction and Butch Heatherly,
as Qualifier (Henderson County, 11 C
125 and 12 C 07) License No. 44537
and Heatherly Construction, Inc.
License No. 47203. On July 17, 2013,
the Board entered into a Consent
Order with Butch Heatherly t/a
Heatherly Construction and Heatherly
Construction, Inc., as Respondent
Licensees, and Butch Heatherly, as
Qualifier in which the Respondent
Licensees consented to a period of
suspension of six (6) months com-mencing
upon the Effective Date
of the Consent Order. By consent,
the suspension was stayed and the
licenses were conditionally restored.
Respondent Licensees consented
to take and pass a Standard 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 and submit
to the Board written proof of satisfac-tory
completion of the course within
nine (9) months from the Effective
Date of the Order. Within twelve (12)
months from the Effective Date of the
Consent Order, and pursuant to G.S.
87-11(e), Respondent Licensee, jointly
with Respondent Qualifier, consented
to pay $1,500.00 in cost recovery
to the Board. Respondent Qualifier
entered into a Consent Order agreeing
to the same terms as those con-sented
to by Respondent Licensee.
Caviness Land Development,
Inc. and Watson G. Caviness, as
Qualifier (Cumberland County, 10
C 263 and 11 C 56) License No.
37485. On July 17, 2013, the Board
entered into a Consent Order with
Caviness Land Development, Inc.,
as Respondent License, 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
Licensee consented to take and
pass a Standard 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 and submit to the
Board written proof of satisfactory
completion of the course within twelve
(12) months from the Effective Date of
the Order. Pursuant to G.S. 87-11(e),
Respondent Licensee consented
to pay, jointly with Respondent
Qualifier, $3,000.00 cost recovery
to the Board within six (6) months
from the Effective Date of the Order.
Watson G. Caviness, as Qualifier,
entered into a Consent Order agreeing
to the same terms as those con-sented
to by Respondent Licensee.
Jonah Blankenship, as Qualifier
(Lee County, 11 C 135) License
No. 70129. On October 9, 2013,
the Board entered into a Consent
Order with Jonah Blankenship,
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 7
as Qualifier, in which Qualifier
consented that his examination
credentials be reprimanded.
Kenneth Lyle Cryderman, Kenneth
Lyle Cryderman t/a Buckingham
Builders Contracting and Kenneth
Lyle Cryderman, as Qualifier
(Buncombe County, 11 C 16, 11 C
102 and 11 C 12) License No. 55295.
On April 10, 2013, the Board entered
into a Consent Order with Kenneth
Lyle Cryderman and Kenneth Lyle
Cryderman t/a Buckingham Builders
Contracting, as Respondent Licensee,
in which the Respondent Licensee
consented to a period of suspen-sion
of fifteen (15) months com-mencing
upon the Effective Date
of the Consent Order. By consent,
the suspension was stayed and the
license was conditionally restored
following a three (3) month period
of active suspension. Respondent
Licensee consented to take the
Law and Administration course
provided by the NC Code Officials
Qualification Board and submit to the
Board written proof of satisfactory
completion of the course within six
(6) months from the Effective Date of
the Order. Kenneth Lyle Cryderman,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Savage Construction, Inc.; Jason
D. Smith and Tricia Jett Smith, as
Qualifiers (Montgomery County,
11 C 180) License No. 50693. On
October 9, 2013, the Board entered
into a Consent Order with Savage
Construction Inc. as Respondent
Licensee, in which the Respondent
Licensee consented to a period of
suspension of six (6) months com-mencing
upon the Effective Date
of the Consent Order. By consent,
the suspension was stayed and the
license was conditionally restored.
Jason D. Smith and Tricia Jett Smith,
as Respondent Qualifiers, entered
into Consent Orders with the Board
on October 9, 2013 consenting to
a six (6) month suspension of their
examination credentials commenc-ing
upon the Effective Date of the
Consent Order. The suspensions
were stayed and the examina-tion
credentials for both Qualifiers
were conditionally restored.
Stephen Ciriaco and Stephen
Ciriaco, as Qualifier (Jackson
County, 11 C 196) License No. 57633.
On October 9, 2013, the Board
entered into a Consent Order with
Stephen Ciriaco, as Respondent
Licensee, in which the Respondent
Licensee consented to a two (2)
year period of suspension com-mencing
upon the Effective Date
of the Consent Order. By consent,
the suspension was stayed and the
license was conditionally restored
following a one (1) year period of
active suspension. Stephen Ciriaco,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
The Truss Shop, Inc. (Ashe County,
11 C 111) License No. 62409. On
April 10, 2013, the Board entered
into a Consent Order with The Truss
Shop, Inc., as Respondent Licensee,
in which the Respondent Licensee
consented to a period of suspension
of twelve (12) months commenc-ing
upon the Effective Date of the
Consent Order. Within thirty (30) days
from the Effective Date of the Consent
Order and pursuant to G.S. 87-11(e),
Respondent Licensee consented to
$5,000.00 cost recovery to the Board.
Prism Construction, Inc. and
Thomas Dale Hinton, Jr., as
Qualifier (Mecklenburg County,
11 C 78) License No. 64609. On
April 10, 2013, the Board entered
into a Consent Order with Prism
Construction, Inc., as Respondent
Licensee, in which the Respondent
Licensee consented to a period of
suspension of one (1) year com-mencing
upon the Effective Date
of the Consent Order. Within thirty
(30) days from the Effective Date
of the Consent Order and pursu-ant
to G.S. 87-11(e), Respondent
8 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Licensee, jointly with Respondent
Qualifier consented to pay $1,000.00
cost recovery to the Board. Thomas
Dale Hinton, Jr., as Qualifier, entered
into a Consent Order agreeing to
the same terms of those consented
to by the Respondent Licensee.
Consent Orders
( Unlicensed Contractors )
Permanent Injunctions were obtained
by entry of a Consent Order in Wake
County Superior Court concering each
of the following unlicensed contrac-tors
who practiced general contract-ing
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 cooper-ated
with the Board in the matter.
Bobby G. Watson (Surry County;
12C 132). On October 28, 2011,
Bobby Watson obtained a building
permit from Surry County to con-struct
a home for a family member.
Prior to the completion of the home,
Plantation to construct a bulkhead and
boat ramp for a cost of $1,567,749.
Coastal Piling & Marine Construction,
Inc. believed it was acting as a sub-contractor
when it performed the
work and denied that it 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 the Consent Order. A Consent
Order was entered on May 8, 2013.
Fernando “Fred” Almeida and
Almeida Construction, L.L.C. (Union
County). On May 3, 2010, Fred
Almeida provided an estimate to a
homeowner to construct a two-story,
detached garage with a bonus room
and bedroom on the second floor for
the amount of $63,900. Almeida and
Almeida Construction, L.L.C. under-took
the work and were paid $65,675
before abandoning the job before its
completion. The parties agreed and
stipulated to the above findings of fact
and agreed to be bound by the terms
of the Consent Order. A Consent
Order was entered on May 9, 2013.
the family member decided not
to reside in the home. Mr. Watson
completed the home and sold it to
a third party at a price of $138,000.
The parties agreed and stipulated
to the above findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on March 13, 2013.
James Day, III d/b/a Atlantic Home
Improvement (Carteret County).
On March 13, 2012, James Day, III
contracted with a homeowner to
remodel and construct an addition
onto an existing mobile home for a
cost of $29,000. Day undertook the
work, and the total cost of the project
was $33,543. The parties agreed and
stipulated to the above findings of fact
and agreed to be bound by the terms
of the Consent Order. A Consent
Order was entered on May 20, 2013.
Coastal Piling & Marine
Construction, Inc. (Brunswick
County). On May 1, 2002, Coastal
Piling & Marine Construction, Inc.
contracted with Seascape at Holden
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 9
Charles Murphy d/b/a Murphy
Home Improvement (Henderson
County). On July 11, 2011, Charles
Murphy contracted with homeown-ers
to renovate and construct a
deck onto a home in Hendersonville,
North Carolina for a price of $57,600.
Murphy undertook the work and was
paid $63,000. Murphy believed he was
a subcontractor to the homeowner
and did not intentionally 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 the Consent Order. A Consent
Order was entered on July 5, 2013.
Building Systems, Inc. (Dare
County). On October 3, 2011,
Building Systems, Inc. contracted
with Newport Hospitality Group to
repair hurricane damage to the roof
of the Holiday Inn Express in Kitty
Hawk, North Carolina for a cost
exceeding $71,100. Defendant
undertook the work, and did not
intend to engage in the unauthor-ized
practice of general contracting.
The parties agreed and stipulated
to the above findings of fact and
agreed to be bound by the terms
of the Consent Order. A Consent
Order was entered on May 8, 2013.
CMR Construction & Roofing
of Austin, Inc. (Pitt County). On
October 17, 2011, CMR Construction
& Roofing of Austin, Inc. (“CMR”)
contracted with homeowners to repair
a hurricane-damaged home in Pitt
County for an initial cost of $27,079.
Shortly thereafter, and unbeknownst
to CMR, general manager, the scope
of work expanded to $56,494. CMR
did not intend to engage in the unau-thorized
practice of general contract-ing.
The parties agreed and stipulated
to the above findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on October 15, 2013.
Christopher Ferrell and Tal Pro
Home Solutions, Inc. (Northampton
County). On January 24, 2012,
Christopher Ferrell obtained a build-ing
permit from Northampton County
to construct a personal residence
for a cost of $50,000. Defendants
thereafter constructed the home,
and it was listed on the website of
Tal Pro Home Solutions, Inc. as a
“spec house.” Ferrell and Tal Pro
Home Solutions, Inc. denied that they
engaged in the unauthorized practice
of general contracting but were will-ing
to enter into the Consent Order
to resolve the case. A Consent Order
was entered on October 15, 2013.
Regroup Development LLC and
Regroup Sapphire 281 LLC (Jackson
County). On April 2, 2008, Regroup
Development LLC and Regroup
Sapphire 281 LLC undertook renova-tion
of a home in Jackson County
at a cost in excess of $30,000.
Regroup Development LLC and
Regroup Sapphire 281 LLC denied
that they had engaged in the unau-thorized
practice of general con-tracting
but were willing to enter
into the Consent Order to resolve
the case. A Consent Order was
entered on November 20, 2013.
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 contract-ing
(including bidding) in an amount of
$30,000 or more until such time as
he/she/it becomes licensed by the
Board.
Mark Fetters and Brickstone
Enterprises, Inc. (Cumberland
County 10C260). On May 3, 2010
Mark Fetters applied to Cumberland
County Planning and Inspection for
a building permit to construct a 4346
square foot residence for a home-owner
for a cost of $330,000. Fetters
used the general contractors license
of a third party to obtain the permit.
Fetters and Brickstone Enterprises,
Inc. performed work on the proj-ect
and were paid over $100,000.
Defendants’ work was shoddy, and
the homeowner prevented Fetters
and Brickstone Enterprises, Inc. from
performing further work on the home
when he discovered that neither
Fetters nor Brickstone Enterprises
were licensed. Default Judgment
was entered on February 6, 2013.
James C. Robinson d/b/a Home–
Tek, LLC and d/b/a Home–Tek
Handyman (Ashe County 12C28).
On April 28, 2011, James C. Robinson
contracted with a property owner in
Ashe County to construct a home
for a cost of $50,000. A licensed
general contractor obtained the
building permit for the project.
10 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Robinson undertook the work and
was paid $45,000. Robinson per-formed
shoddy work and failed to
complete the project. Robinson
used the license of a licensed gen-eral
contractor to obtain the build-ing
permit. Summary judgment was
entered on February 6, 2013.
Carlos A. Green d/b/a Carlos A.
Green Contractor (Onslow County
10C42). On November 22, 2009,
Carlos Green submitted cost esti-mates
to repair water damage to
a home in Onslow County totaling
$53,922. Green claimed to have
found multiple leaks and advised the
homeowners to contact their insur-ance
company. Green undertook the
work before the City of Jacksonville
placed a Stop Work Order on the
project. Default Judgment was
entered on February 18, 2013.
Dennis Hromin d/b/a Ironwood
Construction (Currituck County). In
October 2011, Dennis Hromin con-tracted
with a homeowner to repair
storm and water damage to a home
in Corolla, North Carolina for a cost in
excess of $30,000. Default Judgment
was entered on July 22, 2013.
Jerry Macon d/b/a Macon &
Company, LLC (Nash County). On
October 26, 2011, Jerry Macon sub-mitted
a proposal to repair a storm
damaged home in Whitakers, North
Carolina for a cost of $66,650. Macon
thereafter undertook the work and
was paid $71,200. Default Judgment
was entered on July 22, 2013.
Joshua Houchins and The Houchins
Organization LLC (Wilson County).
On October 23, 2011, The Houchins
Organization LLC contracted with
a homeowner to renovate a home
in Wilson, North Carolina for a
cost of $17,500. Joshua Houchins
and The Houchins Organization
LLC undertook the work and
were paid $52,315 when the proj-ect
expanded. Default Judgment
was entered on July 22, 2013.
Larry Caldwell d/b/a Caldwell By
Design (Mecklenburg County). On
September 23, 2008, Larry Caldwell
contracted with a homeowner to
remodel a home in Huntersville,
North Carolina for a total cost of
$71,500. Default Judgment was
entered on November 12, 2013.
Guy Forsyth d/b/a Forsyth
Renovations (Montgomery County).
On September 29, 2011, Guy Forsyth
contracted with homeowners to
remodel a home in Troy, North Carolina
for a price of $40,500. Forsyth under-took
the work and subsequent change
orders increased the contract price
to $44,400. Default Judgment was
entered on November 12, 2013.
Voluntary Surrenders
Houchins Development Group,
Inc. (Lee County, 11 C 135) License
No. 70129. On October 9, 2013, the
Board entered into a Consent Order
with Houchins Development Group,
Inc., as Respondent Licensee, in
which the Respondent Licensee
consented to voluntarily surrender
its license to the Board. The Board
considers surrender of a license
as a permanent revocation.
Jay M. Stake and Jay M. Stake,
as Qualifier (Cabarrus County, 11 C
43) License No. 48482. On October
9, 2013, the Board entered into a
Consent Order with Jay M. Stake,
as Respondent Licensee, in which
the Respondent Licensee con-sented
to surrender its license to the
Board. Jay M. Stake, as Qualifier
consented to surrender his examina-tion
credentials to the Board. The
Board considers surrender of a
license and examination creden-tials
as a permanent revocation.
Mark A. Williamson, as Qualifier
(Pender County, 10 C 288) License
No. 43909. On November 9,
2012, Mark A. Williamson, as
Qualifier, voluntarily surrendered
his examination credentials to the
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 11
Board. The Board considers sur-render
of examination credentials
as a permanent revocation.
Manley E. Dillard t/a Dillard
Construction Company (Person
County; 13 C 180) License No.
48034. On October 7, 2013,
Manley E. Dillard voluntarily sur-rendered
his license to the Board.
The Board considers surrender of
license as a permanent revocation.
Jason Lawrence Crago, as Qualifier
(Watauga County; 11C173) License
No. 59679. On September 11,
2013, Jason Lawrence Crago, as
Qualifier, voluntarily surrendered
his examination credentials to the
Board. The Board considers sur-render
of examination credentials
as a permanent revocation.
Home Traditions Limited, LLC
and Lowell I. Caulk, as Qualifier
(Guilford County; 11 C 163) License
No. 60248. On May 23, 2013, Lowell
I. Caulk of Home Traditions Limited,
LLC voluntarily surrendered the
corporate license and his examina-tion
credentials to the Board. The
Board considers surrender of
license and examination creden-tials
as a permanent revocation.
Rolland, Inc. and Michael Stuart
Rolland, as Qualifier (Guilford
County; 13 C 78) License No. 65658.
On June 17, 2013, Michael Stuart
Rolland of Rolland, Inc. voluntarily
surrendered the corporate license
and his examination credentials to the
Board. The Board considers surrender
of license and examination creden-tials
as a permanent revocation.
Carolina Model Home Corporation
t/a Homeworks Custom Builders
(Pender County; 12 C 219) License
No. 3679. On May 17, 2013, E. Clay
Bullard of Carolina Model Home
Corporation t/a Homeworks Custom
Builders voluntarily surrendered
the corporate license to the Board.
The Board considers surrender of
license as a permanent revocation.
Reprimands
Reprimands issued during
2013, as Recommended by
the Review Committee.
Stephen Leigh Stokes (Halifax
County; 09 C 329) License No. 42577.
Patrick Construction Inc. (Clay
County; 11C198) License No. 69332.
Cape Fear Rain Water Harvesting,
Inc. (Brunswick County; 11 C
238) License No. 69309.
John Michael Delany (Gaston
County; 12 C 47) License No. 43711.
Windsor Redevelopment
Corp. (Mecklenburg County;
12 C 81) License No. 69816.
Mary C. Jones t/a CMJ
Construction (Sampson County;
12 C 105) License No. 46413.
Jeffrey Warren Ponder (Madison
County; 12 C 114) License No. 69029.
Appalachian Custom Builders,
Inc. (Yancey County; 12C126)
License No. 66959.
Chestnut Hill Construction
Services, Inc. (Buncombe County;
12 C 210) License No. 42299.
Benjamin Bradner, Jr. (Moore
County; 13 C 20) License No. 57609.
Ekberg Investment Group,
Inc. t/a Carolina Precision
Construction (Cleveland County;
11 C 208) License No. 55517.
J H Suddreth Construction,
Ltd. (Mecklenburg County; 12
C 232) License No. 59928.
Samuel Stevens Anderson
(Columbus County; 12 C
31) License No. 59273.
Accurate Building, Inc. (Brunswick
County; 12 C 201) License No. 60271.
Martin Martin Renovations,
Inc. (Johnston County; 12 C
209) License No. 68419.
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