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Course outline — 200 minutes across 10 modules
  1. What Makes You a General Contractor · ≈ 20 min
  2. Classifications and Limitations · ≈ 20 min
  3. Financial Responsibility: Your Statements and the Bond Alternative · ≈ 20 min
  4. The Qualifier — Your License’s Single Point of Failure · ≈ 20 min
  5. Contracts, Bids and the Payment Chain · ≈ 20 min
  6. Permits, Inspections and the Lien-Agent Trigger · ≈ 20 min
  7. Liability Exposure: Discipline, Unlicensed Practice, Injunctions · ≈ 20 min
  8. The Homeowners Recovery Fund · ≈ 20 min
  9. Renewal, CE, Inactive Status and Coming Back · ≈ 20 min
  10. Records, Reporting and Staying in Good Standing · ≈ 20 min
Not yet approved by the Board. Until NCLBGC course approval, this course confers no CE credit.

MODULE 8 OF 10 · ESTIMATED 20 MIN

The Homeowners Recovery Fund

Learning objectives

  • Explain what the Fund is for and how the $10 permit fee finances it.
  • State what makes a loss “reimbursable” and who is excluded from claiming.
  • Describe the exhaustion-of-remedies requirement and the filing deadlines.
  • Explain the 10% per-claim cap and the Board’s subrogation against the contractor.

Lesson

DRAFT — pending instructor-of-record approval

A fund financed by your permits

The Homeowners Recovery Fund is a special account of the Board, administered by the Board, whose purpose is to reimburse homeowners who have suffered a reimbursable loss in constructing or altering a single-family residential dwelling unit. It matters to a licensee for two reasons that pull in opposite directions. You pay into it on every residential permit. And if the Board pays a homeowner because of your conduct, the Board is subrogated and may come after you for the amount it paid. Understanding both ends is the point of this module.

Authority: N.C.G.S. § 87-15.6 · N.C.G.S. § 87-15.9

The ten-dollar fee, and where it goes

Whenever a general contractor applies for a permit to construct a single-family residential dwelling unit, or to alter an existing one, the city or county building inspector collects ten dollars ($10.00) from the general contractor for each dwelling unit under the permit. The split is fixed by statute: the inspector forwards nine dollars ($9.00) of each fee to the Board quarterly, and the city or county retains one dollar ($1.00). The Board deposits its share in the Fund and may also accept donations and appropriations. The Board may suspend collection for any year on determining the Fund is sufficient to meet likely disbursements, and must notify building inspectors when it does.

Blocky illustration: a ten-dollar permit fee splitting nine dollars to the Board fund and one to the county, the fund paying a homeowner, and a return arrow of subrogation back to the contractor.
You pay into the Fund on every residential permit. If it pays a homeowner because of your conduct, G.S. 87-15.9 subrogates the Board to come after you. GC Prep original illustration · © MasonByte LLC — original work, all rights reserved

Authority: N.C.G.S. § 87-15.6

What makes a loss reimbursable — all three, not any

G.S. 87-15.5(6) defines a reimbursable loss as a monetary loss meeting all of three requirements. It results from dishonest OR incompetent conduct by a general contractor in constructing or altering a single-family residential dwelling unit. It is not paid, in whole or in part, by or on behalf of the general contractor whose conduct caused it. And it is not covered by a bond, a surety agreement, or an insurance contract. The third element is the one that disposes of most claims quietly: the Fund is a last resort behind insurance and bonds, not a parallel remedy. Note also what the definition does NOT require: there is no need to show the contractor acted dishonestly. Incompetent conduct is an independent route, and 21 NCAC 12A .0901(3) defines it as conduct demonstrating a lack of ability or fitness to discharge a duty associated with the construction or its supervision — a standard a competent contractor should never meet, but one that does not require proving intent.

Authority: N.C.G.S. § 87-15.5 ·

Who counts as a “general contractor” here

The Fund’s definition is wider than the license. Under G.S. 87-15.5(5) a general contractor means someone licensed under Article 1 — but also someone who fraudulently procures a building permit by presenting a licensed contractor’s certificate, or by falsely impersonating a licensed general contractor. That is deliberate. A homeowner defrauded by someone who was never entitled to the permit is exactly who the Fund exists for, and the definition reaches the conduct rather than the credential. “Dishonest conduct” is fraud or deceit in obtaining a license or in the practice of general contracting; “incompetent conduct” is defined by rule as conduct demonstrating a lack of ability or fitness to discharge a duty of the construction or its supervision.

Authority: N.C.G.S. § 87-15.5

Who cannot claim

21 NCAC 12A .0901(4) narrows “owner or former owner” considerably. It excludes a spouse, child, parent, grandparent, sibling, partner, associate, officer or employee of the general contractor whose conduct caused the loss. It excludes general contractors themselves, and any financial or lending institution. It excludes an owner whose dwelling has already been the subject of a Fund award arising from the same dishonest or incompetent conduct. And it excludes an owner who purchased, owned, constructed, altered or contracted for the dwelling WITHOUT intending to occupy it as a residence — which takes investors and speculative builders outside the Fund entirely.

Authority:

The permit condition, and exhaustion of remedies

G.S. 87-15.8(a) sets four eligibility requirements. The applicant must have suffered a reimbursable loss on a dwelling they own or previously owned. They must not have obtained the building permit, directly or indirectly, in their own name — or must have used a general contractor. They must have exhausted all civil remedies against the contractor and, where applicable, the contractor’s estate, and obtained a judgment that remains unsatisfied. And they must have complied with the Board’s rules. The exhaustion requirement is waived where the applicant is prevented from suing or obtaining judgment by the automatic stay under section 362 of the U.S. Bankruptcy Code.

Authority: N.C.G.S. § 87-15.8

Proving exhaustion is specific work

21 NCAC 12A .0903 tells an applicant what exhaustion actually looks like on paper: certified copies of the complaint, the judgment, and the return of execution marked unsatisfied. And the writ of execution must be shown to have been filed in three places — the county where the project was located, the county of the contractor’s last known principal place of business, and, if the contractor was a Board licensee, the county of the last address provided to the Board. Bankruptcy, death and dissolution each have their own documentary route, requiring certification that the applicant has not and will not receive payment from that source.

Authority:

The deadlines, and “whichever comes first”

21 NCAC 12A .0904 supplies two clocks and they work differently. An applicant is forever barred unless application is made within ONE YEAR after termination of all proceedings, including appeals, in connection with an unsatisfied judgment obtained against a general contractor. But a claim based upon the bankruptcy, death or dissolution of the contractor is forever barred unless application is made within THREE YEARS from the date the applicant discovered the facts constituting the dishonest or incompetent conduct, or within SIX YEARS of substantial completion of the construction or alteration — whichever comes first. That last phrase is the trap: on an older project the six-year outer limit can expire before the three-year discovery clock has run its course.

Authority:

The cap is on the Fund, not the claim — and then the Board comes for you

21 NCAC 12A .0910(a) provides that payment for an approved application shall not exceed an amount equal to 10 percent of the total amount IN THE FUND at the time the Board approves the application, with all applications considered at the same meeting subject to the same limitation. It is not ten percent of the homeowner’s loss. .0910(b) also excludes consequential, multiple or punitive damages, civil and criminal penalties or fines, incidental and special damages, interest and court costs from what counts as a monetary loss. Payment is discretionary — G.S. 87-15.8(b) makes it a matter of privilege and not of right. And once the Board pays, G.S. 87-15.9 subrogates it to the applicant in the amount reimbursed, with authority to sue the contractor, the contractor’s assets, or the contractor’s estate.

Blocky illustration: a homeowners loss bar beside the recovery fund, with only a tenth of the fund shaded gold — the cap measured against the fund, not the loss.
Payment cannot exceed ten per cent of what is in the Fund when the Board approves the application — not ten per cent of the homeowner’s loss. GC Prep original illustration · © MasonByte LLC — original work, all rights reserved

Authority: · N.C.G.S. § 87-15.8 · N.C.G.S. § 87-15.9

Authority & state references

  • N.C.G.S. § 87-15.5 — Definitions ⏱ ≈ 3 min read
  • N.C.G.S. § 87-15.6 — Homeowners Recovery Fund ⏱ ≈ 2 min read
  • N.C.G.S. § 87-15.7 — Fund administration ⏱ ≈ 2 min read
  • N.C.G.S. § 87-15.8 — Application for reimbursement ⏱ ≈ 3 min read
  • N.C.G.S. § 87-15.9 — Subrogation for reimbursement made ⏱ ≈ 2 min read
  • — Definitions ⏱ ≈ 3 min read
  • — Application for Payment ⏱ ≈ 3 min read
  • — Limitations; Pro Rata Distribution ⏱ ≈ 2 min read
  • — Filing Deadline and Service ⏱ ≈ 2 min read

Tap any citation to read it in the statute reader without leaving this page — about 22 minutes of authority reading is available in this module. Time spent here is instructional time: use it if you want more depth, or if you need additional minutes toward the 200-minute course requirement.

Official text opens on the North Carolina General Assembly site (ncleg.gov) — the source of record for every citation. Read-time figures are estimates.

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© 2026 MASONBYTE LLC. Proprietary course material — licensed for the enrolled student’s personal study only. Reproduction, redistribution or use in another course is prohibited without written permission (Terms §8).

Independent contractor-education provider. Not affiliated with, endorsed by, or acting for the North Carolina Licensing Board for General Contractors. Education, not legal advice — verify current statutes with the NC General Assembly.