section .0500 - miniumum standards

21 NCAC 28B .0501          GENERAL

(a)  Prior to commencing work, services performed by a licensed landscape contractor ("licensed contractor") that exceed five thousand dollars ($5,000) in value shall be described in a written agreement. This agreement may be authored by either party and shall contain:

(1)           The business name, license number, business address, and telephone number of the licensed contractor;

(2)           The name and address of client or customer;

(3)           The address or location of work to be performed, if different from the client or customer's address;

(4)           The date of the proposal;

(5)           The description of the work to be performed;

(6)           The total value in lump sum, unit price, or time and material price;

(7)           The estimated time of completion unless already identified in an original prime contract, if applicable;

(8)           The terms of payment;

(9)           The terms of warranty (if any);

(10)         The terms of maintenance, including the party responsible for maintenance;

(11)         The signatures of all parties by individuals legally authorized to act on behalf of the parties;

(12)         Affixation of a seal described in G.S. 89D-12(d) or a statement that the licensed contractor is licensed by the Board and the current address and phone number of the Board; and

(13)         The date of signing.

Contracts that are lump sum and have no breakout of cost for services that are either covered or noncovered under G.S. 89D-11 through G.S. 89D-13 shall be inclusive of covered services under G.S. 89D-13(5).

(b)  All work performed by a licensed contractor shall meet all applicable building codes, local ordinances, and project specifications. All work performed by a licensed contractor shall meet manufacturer's specifications.

(c)  If project plans or specifications prepared by someone other than the licensed contractor do not meet pertinent codes and ordinances, the licensed contractor shall bring this to the attention of the client or customer.

(d)  If the licensed contractor observes a condition while the work is being performed that requires attention beyond the original scope of work, the contractor shall report the condition to a supervisor, the owner, or the person responsible for authorizing the work.

(e)  The licensed contractor shall call for utility location services pursuant to the Underground Utility Safety and Damage Prevention Act, G.S. 87-115 et seq., also known as the N.C. 811 law.

(f)  The licensed contractor shall maintain a worksite that meets state and local standards for a safe workplace.

History Note:        Authority G.S. 89D-13(5); 89D-15(2); 89D-15(16);

Temporary Adoption Eff. January 1, 2016;

Eff. September 1, 2016;

Amended Eff. June 1, 2019.