Board Buzz – Winter

Greetings from Executive Director C. Frank Wiesner

Happy New Year! On behalf of Chairman David Stike, the Board and staff, we wish you a warm welcome to 2020. A new decade has dawned, and I am pleased to deliver the first Board Buzz of 2020 to you. We have another busy year ahead at the Board. Here are just a few of the things you can expect as 2020 plays out:

  • The first Continuing Education courses will be offered beginning in May
  • The initial license application will join license renewal and become an online process
  • We will improve interactivity to NC CLiC, the Board’s online licensing system
  • Additional enhancements and information will be available through the Board’s recently fully renovated website found at www.nclbgc.org

The Board is committed to the pursuit of excellence in all we do to provide the highest standard of service, first and foremost to the citizens of our state as well as the general contracting industry in North Carolina. The economic forecast for 2020 expects another busy year for general contractors in North Carolina. We at the Board wish all North Carolinians a happy, healthy, prosperous and safe year!

Continuing Education update

Call for providers & instructors
Interested in becoming an approved provider or instructor for licensed general contractor continuing education? Applications and guidelines are available for providers and instructors here.

View Applications and Guidelines

Classes eligible for CE credit will be available in May 2020.

Compliance Corner: Improper use of license

By Dean Burbage, Investigator

A common violation resulting in a complaint being filed with the Board is an “Improper Use of License” violations. This violation involves a licensee who undertakes projects that require a license in a name that is different than the name that appears on the license certificate. The use of a name other than the name that appears on the license certificate is a violation of both the law (N.C.G.S. 87-12) and the Board’s rules (21 NCAC 12A .0209).

The law, §87-12 states, “The issuance of a certificate of license or limited license by this Board shall be evidence that the person, firm, or corporation named therein is entitled to all the rights and privileges of a licensed or limited licensed general contractor while said license remains unrevoked or unexpired.” The Board’s rule .0209 has provisions regarding the identity which a licensed contractor may use in the business of general contracting and can be found on the Board’s website in the Laws & Regulations publication (see page 38).

In summary the use of license requirements found in .0209 include:

  • If an individual, corporation, LLC or partnership intends to use a non-legal entity name in which to conduct all or part of its business bidding or contracting projects $30,000 or more, it is required to file an executed Certificate of Assumed Name (COAN) and submit it with the application for licensure; or,
  • If the unlicensed assumed name is adopted as an additional (Trading As or T/A) name after a license has been issued then the executed COAN should be submitted to the Board prior to the name being used so the license record can be updated and the name used in a lawful manner.
  • Use of an assumed name that is the same or similar to one used by another licensed general contractor that could cause confusion or mislead the public is prohibited.

It’s perfectly legal to use an assumed name as a general contractor in North Carolina, provided it is done in accordance with the requirements of the County Register of Deeds offices and the NC Secretary of State, along with notification to the NC Licensing Board. When the individual, corporation, LLC or partnership which is licensed in the name originally applied, but wishes to use an additional non-legal name identity, a COAN may be obtained and recorded at the Register of Deeds office in the NC county which the contractor works. Once recorded a copy of the recorded COAN should be immediately sent to the Board. However, if the individual, corporation, LLC or partnership wishes to use an assumed name that is also a legal entity (LLC, Corporation, Partnership etc.) it may be required to submit a new license application so the entity may be licensed in its own right. Generally, a legal entity cannot be licensed and use an assumed name that is also a legal entity. If you have questions, contact the Board or consult an attorney for advice.

Disciplinary Action

Read Case Summaries from Oct. 2019 – Dec. 2019
Read Consent Orders of Unlicensed Contractors

NCLBGC’s Frank Wiesner and Curtis Huff speak with Surry Community College students

Frank Wiesner, Executive Director, and Curtis Huff, Investigator, both from the N.C. Licensing Board for General Contractors educated Surry Community College’s Construction, Electrical, and Air Conditioning, Heating and Refrigeration Technology students last month.
 
Wiesner told students he too attended a two-year community college and had been hired by a residential contractor with whom he had later partnered. He enjoyed a lucrative career developing residential properties. He worked in the industry for 30 years and then retired and has worked for the licensing board for nearly five years.
 
“There are over 400,000 jobs available in the nation for those with some construction experience,” he said. “There’s a lot of work out there in a lot of different areas; it’s not just in the metropolitan areas.”