North Carolina Complaint Against Contractor and Surety for Abandonment of Construction Project

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Multi-State
Control #:
US-01129BG
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Description

The failure of a building contractor to substantially perform the terms and conditions of a building contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.


A surety is a person obligated by a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. A surety is often found when someone is required to post a bond to secure a promise to perform.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Always inform your contractor in writing that they are at risk of breach of contract. File a complaint with your local state licensing board. When a contractor receives enough complaints, the board can choose to publish this info. You can attempt to resolve any issues by opting for arbitration or mediation.

You can also request a complaint form by calling the Licensing Board at 919-571-4183. If the complaint request demonstrates it falls within the jurisdictional authority of the Board, a formal complaint form will be sent.

Attempt Communication. Open communication and transparency are critical throughout a home improvement project where you've hired a contractor. ... Review Your Contract. ... Compile a Paper Trail. ... Send a Formal Notice. ... Legal Options. ... Look for a New Contractor. ... Leave Reviews. ... Contact Agencies to Assist.

Learn what to do if your contractor is threatening or bullying you. Communicate and Document Everything in Writing. ... Refer to Your Agreement and Modify if Needed. ... Reach Out for Help. ... Withhold Payments. ... 5. Mail a Registered Letter. ... Seek Arbitration. ... File Through Small Claims Court. ... Part Ways.

Each member of the Board shall, before entering upon the discharge of the duties of his office, take and file with the Secretary of State an oath in writing to properly perform the duties of his office as a member of said Board and to uphold the Constitution of North Carolina and the Constitution of the United States.

The N.C.G.S. 87-1 defines a general contractor as a person, firm or corporation who manages or oversees construction projects where the cost of the project is $40,000 or greater. The State General Contractors License is not required if a project is under $40,000.

How to Deal With a Bad Contractor Fire the Contractor. Firing your contractor may seem obvious, but it's not an easy step when things go seriously wrong. ... Request a Hearing. ... Hire an Attorney. ... Take Your Case to Small Claims Court. ... File Complaints and Bad Reviews.

Electrical contracting defined; licenses. Electrical contracting shall be defined as engaging or offering to engage in the business of installing, maintaining, altering or repairing any electric work, wiring, devices, appliances or equipment.

Maybe your best bet is to limit their contract to labor only and supply the additional equipment or materials yourself. Either way ? supplementing a subcontractor may bruise their ego or even make them angry. However, if it will keep the job on track, supplementing a subcontractor might be worth the chance.

Yes. In the state of North Carolina, to legally perform plumbing work of any kind, you must be a licensed contractor or working under someone who is a licensed contractor.

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North Carolina Complaint Against Contractor and Surety for Abandonment of Construction Project