21 N.C. Admin. Code 12A.0903

Current through Register Vol. 39, No. 11, December 2, 2024

Section 12A .0903 - APPLICATION FOR PAYMENT

(a) Homeowners meeting the requirements of G.S. 87-15.8 who wish to file for reimbursement from the Homeowners Recovery Fund shall provide the following information on an application prescribed by the Board:

(1) the applicant's name and address,

(2) the amount of the claim,

(3) a description of the acts of the general contractor which constitute the grounds for the claim, and

(4) a statement that the applicant has exhausted all civil remedies or the general contractor has filed for bankruptcy.

Requests for the application form shall be directed to the Board at the address shown in Rule .0101 of this Chapter.

(b) If the applicant has exhausted all civil remedies pursuant to G.S. 87-15.8(3)(a), the application shall include certified copies of the complaint, judgment, and return of execution marked as "unsatisfied."

(c) If the applicant is claiming against a general contractor that was a corporation dissolved no later than one year after the date of discovery by the applicant of the facts constituting the dishonest or incompetent conduct, then the applicant shall include certified copies of documents evidencing the dissolution.

(d) If the applicant has been precluded from filing suit, obtaining a judgment, or otherwise proceeding due to the bankruptcy of the general contractor, then the applicant shall submit a certified copy of the bankruptcy petition, any proof of claim, and documents from the bankruptcy court or trustee certifying that the applicant has not and will not receive any payment from the bankruptcy proceeding.

(e) If the applicant is claiming against the estate of a deceased general contractor, then the applicant shall submit a statement from the administrator of the estate certifying that the applicant has not and will not receive any payment from the estate.

(f) If the applicant includes copies of a judgment and return of execution marked as unsatisfied, the applicant must demonstrate that the writ of execution was filed in the following counties:

(1) where the project at issue was located;

(2) where the contractor's last known principal place of business was located; and

(3) if the contractor was a licensee of the Board, the county in which the last address provided to the Board was located.

21 N.C. Admin. Code 12A .0903

Authority G.S. 87-15.6; 87-15.7; 87-15.8;
Eff. January 4, 1993;
Amended Eff. March 1, 2005; August 1, 1998;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016;
Amended Eff. September 1, 2019;
Recodified from 21 NCAC 12 .0903 Eff. January 2, 2020.

Authority G.S. 87-15.6; 87-15.7; 87-15.8;
Eff. January 4, 1993;
Amended Eff. March 1, 2005; August 1, 1998.

Amended by North Carolina Register Volume 34, Issue 07, October 1, 2019 effective 9/1/2019.