Application For Reimbursement From The Homeowners Recovery Fund Form printable pdf download

N o r t h C a r o l i n a L i c e n s i n g B o a r d f o r G e n e r a l C o n t r a c t o r s

Application for Reimbursement

From the Homeowners

Recovery Fund

Post Office Box 17187

PLEASE READ ALL THE INSTRUCTIONS BEFORE FILING YOUR CLAIM

Raleigh, North Carolina

ALL APPLICANTS must meet the following requirements before being eligible for recovery:

27619-7187

• Be the owner, or former owner of the single-family residential dwelling in question

919-420-7991

• Have suffered a reimbursable loss. Reimbursable losses are financial losses which:

1. resulted from the dishonest or incompetent conduct of a licensed general contractor

(a breach of contract is not sufficient evidence of dishonest conduct),

2. have not been paid in any amount by or on behalf of the general contractor, and

3. are not covered by a bond, surety agreement or an insurance contract.

Reimbursable losses must meet ALL of these requirements

• Have a building permit listing your contractor, and not you as the general contractor

• Exhausted all civil remedies against the contractor by obtaining a judgment which remains

unsatisfied or exhausted all possible remedies within the contractor’s bankruptcy proceeding

• The incompetent or dishonest conduct must have occurred on or after October 1, 1991

• Application has been made within one year of the conclusion of all civil proceedings

• If the contractor has filed bankruptcy, application has been made within three years of dis-

covery of the facts surrounding the incompetent or dishonest conduct or within six years of

substantial completion of the construction (whichever comes first).

Before you will be considered eligible for reimbursement, you will have to meet ALL the

requirements described above. Only those applicants who meet ALL the requirements will be

granted a formal hearing in which a possible reimbursement will be considered. You have been

provided a copy of the rules governing the Homeowners Recovery Fund, and are encouraged to

read them. This list is provided as a means of determining the specific requirements you must

meet before being found eligible for recovery.

INSTRUCTIONS FOR FILING A HOMEOWNERS RECOVERY FUND CLAIM:

This form has been provided as a means of organizing information and materials pertaining to

the reimbursable loss you have suffered as the result of dishonest or incompetent conduct of a

licensed general contractor. It is essential that your answers to the questions be as specific,

complete and factual as possible. The answers and documents provided to the Board will be all

that is used to make the initial decision regarding eligibility of your claim. Therefore, please

support all answers with documentation when possible.

DO NOT leave any questions unanswered. If a requested document is not available, please

provide a written explanation as to why it is not. ALL requested documents are necessary for

the processing of the claim. In most cases, the investigation cannot proceed until all the docu-

ments have been supplied or an explanation of their absence has been given. In some cases,

the application requests certified copies of the documents, this is because during a hearing,

only certified copies of these documents will be admissible. It is your responsibility to provide

the certified copies prior to a hearing of the claim; the Board staff will not obtain these copies.

A Subrogation Agreement has been included as a part of this claim form. You and your

spouse (if applicable) must sign and date this agreement. Any claim package received without a

signed Subrogation Agreement will be returned to the application for completion.

If you have been prevented from filing suit or obtaining a judgment because of the automatic

stay provision of the U.S. Bankruptcy Code, your claim cannot be reviewed by the Recovery

Fund Review Committee until the bankruptcy has been finalized and closed or you are able to

provide documentation from the bankruptcy court or trustee certifying that you have not and

will not receive any payment from the bankruptcy proceeding. It is the responsibility of the

applicant to monitor the progress of the bankruptcy and provide certified copies of the closing

documents and a final accounting of the estate. This does not mean that you cannot file the

claim prior to the termination of the Bankruptcy, it only means that there cannot be a hearing

until the termination of the bankruptcy proceedings has occurred or you have provided the

certification from the bankruptcy court or trustee.

Application For Reimbursement From The Homeowners Recovery Fund Form

Related Articles

Related forms

Related Categories