21 NCAC 12a .0904         FILING DEADLINE AND SERVICE

(a)  Applicants seeking recovery from the fund shall be forever barred unless application is made within one year after termination of all proceedings, including appeals, in connection with an unsatisfied judgment obtained against a general contractor.  Claims based upon the bankruptcy, death, or dissolution of the general contractor shall be forever barred unless application is made within three years from the date of discovery by the applicant of the facts constituting the dishonest or incompetent conduct or within six years of substantial completion of the construction or alteration of the residence in question, whichever comes first.

(b)  Applications shall be filed at the address shown in Rule .0101 of this Chapter.  The Board shall serve a copy of the application upon the general contractor who allegedly caused the loss.  Service shall be accomplished by certified mail, return receipt requested, or other methods authorized by G.S. 150B-38(c).

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

Eff. January 4, 1993;

Amended Eff. April 1, 2007; August 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016;

Recodified from 21 NCAC 12 .0904 Eff. January 2, 2020.