21 NCAC 12 .0903. APPLICATION FOR PAYMENT

(a)  Applicants desiring to obtain payment from the fund shall file a verified application with the Board on a prescribed form.  The form shall require information concerning the applicant and the claim including, but not limited to, the applicant's name and address, the amount of the claim, a description of the acts of the general contractor which constitute the grounds for the claim and a statement that all court proceedings are concluded 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), the application shall include certified copies from the civil action of the complaint, judgment and return of execution marked as unsatisfied.  If the general contractor was a corporation which was dissolved no later than one year after the date of discovery by the applicant of the facts constituting the dishonest or incompetent conduct, and the applicant did not commence a civil action against the general contractor, then the applicant shall include certified copies of documents evidencing the dissolution.  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 and 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.  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. 

 

History Note:        Authority G.S. 87-15.6; 87-15.7; 87-15.8;

Eff. January 4, 1993;

Amended Eff. March 1, 2005; August 1, 1998.