As a licensed general contractor in North Carolina, receiving a complaint from the North Carolina Licensing Board for General Contractors can be overwhelming. However, understanding the process and knowing your options can significantly alleviate the stress. Here’s a comprehensive guide on how to navigate through this situation effectively.
Understanding the Complaint Notification
The first thing you will receive is a notice of the complaint filing. This document serves as a cover sheet from the NC Licensing Board for General Contractors, indicating that a complaint has been lodged against you. If you are the qualifier for a company, both your name and the company’s name will be listed. For sole proprietors, it will simply be your name and license number.
This notice outlines the initial stages of the complaint process, detailing that you will soon receive either a copy of the complaint or a summary of charges. Typically, this summary will include an affidavit signed by the Director of Complaints and Investigations, currently Ms. Susan Sullivan, who has been in this role since 1994. The affidavit is notarized, ensuring its authenticity.
While the summary of charges is usually brief, it may include the statute allegedly violated, the date of the incident, and possibly the residential address involved if the complaint was made by a planning department or a customer. In rare cases, you might receive a more detailed document, sometimes spanning over a hundred pages.
Responding to the Complaint
Upon receiving the notice, your immediate action should be to determine how to respond. You have the option to send a written statement to the board within fifteen (15) days of receiving the notice. This is an important step that can potentially impact the outcome of your case.
In some instances, providing a written statement can be beneficial. I recall a case where our client had substantial evidence that was not initially provided by the board. By compiling that evidence and demonstrating that the issue was a civil dispute rather than a breach of contract, we successfully had the complaint dismissed.
However, it’s equally important to know when to remain silent. If you’re uncertain about the allegations or if the situation is murky, it may be wise to refrain from making any statements or requests until you have more clarity. You can request an extension for up to thirty (30) days to prepare your response.
Investigation Process
Once the board receives your response, or if you choose not to respond, the case moves to the investigator. They will conduct an investigation and compile an investigative report, which usually includes a wealth of documentation such as contracts, photographs, and permits. This report will then be forwarded to the review committee.
The review committee does not convene monthly, which can lead to delays in the resolution of cases. It’s not uncommon for investigations to extend over several years due to the backlog of complaints, although recent staffing changes have sped up some processes.
Review Committee Decision
Upon receiving the investigative report, the review committee will determine whether there is enough probable cause to believe that the allegations are valid. If they find insufficient evidence, the complaint will be dismissed, and you can breathe a sigh of relief. However, if they conclude that there is enough cause, they will issue an offer, which could include penalties or required actions.
The offer may include options such as completing educational courses, paying fines, or facing an active suspension. It’s important to read the offer carefully, as an active suspension means your license is suspended and you cannot work under that license.
What If You Reject the Offer?
If you choose not to accept the offer, you can request a hearing. Be prepared for a potentially lengthy wait, as the hearing schedule may take months or even years to be set. The notice of hearing will typically be sent out fifteen (15) days prior to the hearing date, which gives you limited time to prepare your defense.
Understanding the notice of hearing can be confusing. It may list multiple dates, but only the first date is important. If you cannot attend, ensure you secure a continuance in writing. The board has been known to be reasonable in granting continuances, so don’t hesitate to ask.
Preparing for the Hearing
Preparation is key when it comes to a hearing. You’ll want to gather all relevant documentation, interview witnesses, and ensure you have a solid understanding of the allegations against you. Discovery is essential, and having ample time to prepare can make a significant difference in the outcome.
Throughout this process, it’s vital to keep track of all paperwork from the board and to stay organized. Many clients have come to me unaware of additional complaints against them simply because they didn’t maintain their records properly.
Updating Your Contact Information
One often overlooked aspect is keeping your contact information updated with the licensing board. Failure to do so not only can lead to missing important notifications but can also result in an ethics violation. Always ensure that your information is current to avoid any unnecessary complications.
Conclusion
Facing a complaint as a licensed general contractor can be a complex and intimidating process. However, being informed and knowing your rights can help you handle this challenging situation. Whether you choose to respond with a written statement or prepare for a hearing, always consider seeking legal counsel to ensure you’re making the best decisions for your career.
If you have further questions or need assistance, feel free to check out more blogs on our website or contact our office for a free consultation. Remember, being proactive can often prevent small issues from escalating into larger problems.
*Nothing in this blog establishes an attorney-client relationship. Nothing in this blog is legal advice. If you have any questions, please check out our other blogs and our Youtube channel. You can also call us at 919-521-8810 with questions.