Violations and Misconduct by a North Carolina Licensed General Contractor
The North Carolina Licensing Board for General Contractions has the authority to discipline licensees for conduct that violates state laws, regulations, or ethical standards. Pursuant to North Carolina statute, the North Carolina Licensing Board for General Contractors may revoke, suspend, or restrict a license for fraud or deceit in obtaining a license, or gross negligence, incompetence, or misconduct in the practice under a license. Misconduct includes allowing an unlicensed person to use a license where the user does not actually hold the proper credential.
Examples of actionable misconduct or other violations may include:
- Fraudulent Practices: This can include intentionally providing false information on license applications, bid documents, or contracts. It may also involve misrepresenting qualifications, credentials, or experience to clients or regulatory authorities.
- Failure to Obtain Permits: Contractors are required to obtain the necessary permits for construction projects as mandated by local building codes and regulations. Failure to obtain permits or violating permit requirements can constitute misconduct.
- Substandard Workmanship: Performing construction work that does not meet industry standards or contractual obligations may be considered misconduct. This can include using inferior materials, cutting corners to save costs, or failing to adhere to agreed-upon specifications.
- Failure to Complete Projects: Contractors who fail to complete projects within the agreed-upon timeframe or abandon projects without justification may be guilty of misconduct. This can result in financial losses for clients and damage to the contractor’s reputation.
- Noncompliance with Safety Regulations: Contractors must comply with state and federal safety regulations to ensure the well-being of workers and the public. Failure to implement proper safety measures or violating safety standards can constitute misconduct.
- Breach of Contract: Contractors are legally bound to fulfill the terms and conditions outlined in their contracts with clients. Breaching contract agreements, such as failing to deliver promised services or exceeding budget limits without approval, can be considered misconduct.
- Unlicensed Activity: Engaging in contracting work without the required license or operating under a revoked or suspended license is illegal and constitutes misconduct.
Under North Carolina law, any person may file complaint a complaint with the North Carolina Licensing Board for General Contractors against a licensee. The Board investigates complaints. If it believes a violation or misconduct has occurred, the Board will hold a hearing and has the authority to suspension or revoke a license, or take otherwise restrict the ability of the licensee to work.
A North Carolina licensed General Contractor who receives a complaint can and should consult with an attorney. Even if violations or misconduct have occurred, the licensee may be able to mitigate any potential disciplinary action by the North Carolina Licensing Board for General Contractors.
