BEFORE THE NORTH CAROLINA LICENSING sokbLED FOR GENERAL CONTRACTORS mr JAN 25 A 1OSS* OARD/. ACTORS. Complaint File Nos. 19 C326 19 C328 H.C. LICENS! 19 C329 . tAL CO 20 C610 20 C 620 20C 621 20 C 622 20 C 623 In the Matter Of: STORY HOMES CONSTRUCTION, LLC and AARON THOMAS GUESS, Qualifier (License No. 79671) FINAL DECISION On October 24, 2022 the North Catolina Licensing Board for General Contractors (“Board”) issued written Notice of Hearing to determine whether Story Homes Construction, LLC (Respondent Licensee”) had violated G.S. §87-11(a), which provides that “{tJhe Board shall have the power to refuse to issue or renew or revoke, suspend, or restrict a certificate of license or to issue a reprimand or take other disciplinary action ifa general contractor licensed under this Article is found guilty of any fraud or deceit in obtaining a license, or gross negligence, incompetency, or misconduct in the practice of his or her profession, or willful violation of any provision of this Article.” On the same date in the same Notice of Hearing, the Board gave notice that it would also determine whether Aaron Thomas Guess (“Respondent Qualifier”) had violated G.S, §87-11(a), Which provides that “[i]he Board shall also have the power to revoke, suspend, or otherwise restrict the ability of any person to act as a qualifying party for a license to practice general contracting, as provided in G.S. §87-10(0), for any copartnership, corporation or any other organization or ceosoma) Page 1 of 23combination, if that person committed any act in violation of the provisions of this section and the Board may take disciplinary action against the individual license held by that person.” In the same Notice of Hearing, the Board gave notice that it would determine if sufficient evidence warranted discipline as well as the imposition of its reasonable administrative costs associated with the investigation and prosecution of a violation of Article 1, Chapter 87 of the General Statutes or the rules and regulations of the Board (up to a maximum of $5,000.00) as authorized by G.S, §87-11(¢). ‘The Notice of Hearing, which was served on November 1, 2022 on Respondent Licensee and on Respondent Qualifier through their counsel of record, G, Wacle Leach III, the receipt of which was confirmed by Mr, Leach by execution of a written Return of Service dated November 1, 2022, scheduled a hearing for November 16, 2022 at 9:00 a.m. and, if necessary, continuing to february 15, 2023 and March 15, 2023. A hearing was December 14, 2022, January 18, 202: conducted on January 18, 2023 as scheduled at the Board’s offices located at 5400 Creedmoor Road, Raleigh, North Carolina. The hearing was conducted before Board members Robin Hicks- Guinn, Leon Meyers, Carl Daniel, George Ratchford, Bric Reichard, Elizabeth Phipps and Lisa Piercy, presiding. Board member John Cooper did not participate in the hearing or in the decision of this matter. Grant Simpkins appeared at the hearing as counsel for the Board. John Carroll and G, Wade Leach III appeared as counsel on behalf of Respondent Licensee and Respondent Qualifier. Respondent Licensee and Respondent Qualifier appeared at the hearing. At the hearing, evidence in the form of oral testimony from Ryan Cody (Board Investigator), Stephen Winthrop (Catawba County inspections department), Tyler Blackwell (Summit Engineering), Brian Philbrick (Summit Engineering), Aaron Thomas Guess (Respondent eons) Page 2 0f 23Licensee/Qualifie:) and Erin Fretz, and exhibits were presented. ‘The exhibits presented and admitted into evidence were the following: 10. WL (eos Exhibits of NC Licensing Board for General Contractors Notice of Hearing, dated October 24, 2022, and Affidavit Service of the Notice of Hearing Certified Copy of Boards license history for License No. 79671 North Carolina Secretary of State information regarding Story Homes Construction, LLC, Widgeon Lane, LLC and Magnolia Cove, LLC ct at 259 Stutts Certified Copy of Iredell County Building Inspection Records for proj Road, Mooresville, Iredell County, NC 2019 License Renewal Application to the Board for License No. 79671 Certified Copy of Iredell County Building Inspections Record for project at 123 Widgeon Lane, Mooresville, Iredell County, NC Certified Copy of Iredell County Building Inspection Records for project at 253 Stutts Road, Mooresville, Iredell County, NC Certified Copy of Catawba County Building Inspection Records for projects at Magnolia Cove on Lots 1, 2, 4, 5, 6, 63, 68, 69 and 72, Sherrills Ford, Catawba County, NC Email dated October 2, 2020 between Tyler Blackwell at Summit Engineering, Laboratory, & Testing, Inc. (“Summit”) and Aaron Guess Letter dated October 9, 2020 from Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 63, Magnolia Cove Subdivision, Sherrills Ford, NC Letter dated October 9, 2020 from ‘Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 63, Magnolia Cove Subdivision, Sherrills Ford, NC Page of 23,12, Letter dated October 13, 2020 from Tyler Blackwell at Summit to Jarrett Miller at Catawoa County Building Inspection Office 13, Letter dated October 8, 2020 from Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 69, Magnolia Cove Subdivision, Sherrills Ford, NC 14, Letter dated October 8, 2020 from ‘Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 69, Magnolia Cove Subdivision, Sherrills Ford, NC 15, Letter dated October 8, 2020 from Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 72, Magnolia Cove Subdivision, Sherrlls Ford, NC 16, Letter dated October 8, 2020 from Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 72, Magnolia Cove Subdivision, Sherrills Ford, NC 17, Letter dated October 1, 2020 from Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 4, Magnolia Cove Subdivision, Sherrills Ford, NC 18. Letter dated October 1, 2020 from Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 4, Magnolia Cove Subdivision, Sherrills Ford, NC 19, Letter dated October 1, 2020 from Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 5, Magnolia Cove Subdivision, Shesrills Ford, NC 20, Letter dated October 1, 2020 fiom Tyler Blackwell at Summit to Aaron Guess and Story Homes regarding Lot 5, Magnolia Cove Subdivision, Sherrills Ford, NC 23. Structural report from Summit dated July 27, 2019 for project located at Lot 1, Magnolia Cove, Sherrills Ford, NC 24, Structural report from Summit dated July 29, 2019 for project located at Lot 1, Magnolia Cove, Sherrills Ford, NC losses Page 4 0f 2325, Structural report from Summit dated August 14, 2020 for project located at Lot 2, Magnolia Cove, Sherrills Ford, NC Exhibits of Respondent Licensee / Res 1, Notice of the Filing of a Complaint Against a License, License Number 79671 for File ‘Numbers 20-C-610, 20-C-620, 20-C-621, 20-C-622, and 20-C-623 2. Correspondence from Summit identified with Bates Numbers STORY HOMES 001049, 001077, 001043, 001121, 001122, 001076, 001123, 001124, 001125, 001126, 001064, 001065, 001066, 001067, 001068, 001069, 001070, 001074, 001075, 001044, 001072, and 001073 At the commencement of the hearing and after Exhibit 1 (Notice of Hearing, dated October 24, 2022) was admitted into evidence, Respondent Licensee and Respondent Qualifier, through counsel, stipulated to the allegations in Complaint File Numbers 19 C 326, 19 C 328, and 19 C 329, jony and exhibits presented at the Based upon the record in this proceeding, and the te hearing, the Board makes the following: FINDINGS OF FACT 1, On March 13, 2018, Respondent Licensee was issued a limited building license, license no, 79671. The license was last renewed on January 1, 2022 and is currently valid. Respondent Qualifier is the qualifying party for Respondent Licensee. (Exhibit 2) (cosas) Page S0f232. Respondent Licensee is a limited liability company organized under the laws of North Carolina. Respondent Qualifier is the Registered Agent and Manager of Respondent Licensee. (Exhibit 3) 3. Neither Respondent Licensee nor Respondent Qualifier have had prior disciplinary action imposed by the Board. (Exhibit 2) 4. Widgeon Lane, LLC (“Widgeon Lane”) is an unlicensed limited liability company organized and registered under the laws of the State of North Carolina, Respondent Qualifier is the Manager and Registered Agent. (Exhibit 3) 5. Magnolia Cove, LLC (“Magnolia Cove”) is an unlicensed limited liability company organized and registered under the laws of the State of North Carolina, Respondent Qualifier is the Chief Executive Officer and Registered Agent. (Exhibit 3) 19 C326 - 259 Stutts Road 6. Onor about May 21, 2019, Donna Barbour filed two complaints with the Board. One complaint alleging Respondent Licensee was working with an expired license and one alleging Respondent Licensee had exceeded the scope of its license. The Board subsequently commenced an investigation, 7. Onan unknown date, Respondent Licensee submitted a building permit application to Iredell County for the construction of a single-family dwelling to be located at 259 Stutts Road, Mooresville, Iredell County, North Carolina, The total estimated cost on the application was $400,000.00. Widgeon Lane was listed as the property owner on the application, Respondent Licensee was listed as the general contractor on the application and Respondent Qualifier was listed as the contact. (Exhibit 4) (essex) Page 6 of 238 On or about October 24, 2018, Iredell County subsequently issued the above- referenced permit. (Exhibit 4) From on or about October 25, 2018, through August 6, 2019, Respondent Licensee requested and had performed inspections on the above-referenced project. (Exhibit 4) In particular, the following inspections occurred: a. March 12, 2019, Electrical Rough; b. March 13, 2019, Plumbing Rough; c, March 14, 2019, Low Voltage Rough; d. March 19, 2019, Plumbing Rough; e. March 25, 2019, Electrical Rough; £, April 1, 2019, Building Sheathing; and 2. April 16, 2019, Gas Piping Final, Gas Piping Rough, and Mechanical Rough. 10, On or about June 10, 2019, Respondent Licensee submitted its 2019 License Renewal Application for calendar year 2019. Therefore, Respondent Licensee’s license was invalid from March 1, 2019 through June 10, 2019 and Respondent Licensee was not licensed to perform work as a general contractor on projects where the cost of the undertaking was $30,000.00 ‘or more, (Exhibit 5) ll. On or about June 10, 2019, Respondent Licensee submitted its 2019 license renewal application, On the application, Respondent Licensee answered “no” to Section 2, Question 3 which reads, “Is the licensee, any officer, principle [sic] shareholder, or member (if LLC) under investigation or engaged in any controversy with this Board or any other licensing, registration or certification agency that has not been previously disclosed to this Board.” (Exhibit 5) (oso) Page 7 0f 23,12, On the date that the application was signed and certified on behalf of the Respondent Licensee, June 10, 2019, Respondent Licensee failed to disclose that it was currently under investigation by the Board in matters 19 C 328 and 19 C 329 despite receiving the Notice of Complaint on or about June 3, 2019. 19 C328 - 123 Widgeon Lane 13, Onan unknown date, Respondent Licensee submitted a building permit application to Iredell County for the construction of a single-family dwelling to be located at 123 Widgeon Lane, Mooresville, Iredell County, North Carolina, The total estimated cost on the application was $400,000.00. Widgeon Lane was listed as the property owner. Respondent Licensee was listed as the general contractor on the application and Respondent Qualifier was listed as the contact (Exhibit 6) 14, On July 27, 2018, Iredell County issued a building permit for the above-referenced project, (Exhibit 6) 15, From on or about October 25, 2018 through August 6, 2019, Respondent Licensee requested and had performed inspections on the above-referenced project. In particular, the following inspections occurred on March 27, 2019: Building Location/Setback and Building Slab. (Exhibit 6) 16. On or about June 10, 2019, Respondent Licensee submitted its 2019 License Renewal Application for calendar year 2019, Therefore, Respondent Licensee’s license was invalid from March 1, 2019 through June 10, 2019 and Respondent Licensee was not licensed to perform work as a general contractor on projects where the cost of the undertaking was $30,000.00 or more, (Exhibit 5) (eos) Page 8 of 2319 C3: 253 Stutts Road 17, On or about April 24, 2018, Respondent Licensee submitted a building permit application to Iredell County for the construction of a single-family dwelling to be located at 253 Stutis Road, Mooresville, Iredell County, North Carolina. The total estimated cost on the application was $300,000.00. Widgeon Lane was listed as the property owner. Respondent Licensee was listed as the general contractor and Respondent Qualifier was listed as the contact. On April 25, 2018, Iredell County issued the permit. (Exhibit 7) 18. From on or about October 25, 2018 through August 6, 2019, Respondent Licensee requested and had performed inspections on the above-referenced project. (Exhibit 7) In particular, the following inspections occurred: a, April 16, 2019, Building Shower Pan; b, April 17, 2019, Building Shower Pan; ©. May 10, 2019, Low Voltage Final; 4. May 24, 2019, Fireplace Rough In, Plumbing Sewer, and Plumbing Water Supply; and €. May 30, 2019, Plumbing Final, Plumbing Sewer, and Plumbing Water Supply. 19. On or about June 10, 2019, Respondent Licensee submitted its 2019 License Renewal Application for calendar year 2019, Therefore, Respondent Licensee's license was invalid from March 1, 2019 through June 10, 2019 and Respondent Licensee was not licensed to perform work as a general contractor on projects where the cost of the undertaking was $30,000.00 or more. (Exhibit 5) (oss) Page 9 0f2320 C 610 and 20 C 620 - Lot #63, 4553 Stellata Loop. 20. On or about October 30, 2020, Board staff filed an Affidavit in Support of Preferring Charges against Respondent Licensee alleging misconduct in that Respondent Qualifier falsified engineering reports, 21. Respondent Licensee entered into a contract with Widgeon Lane, LLC for the construction of a single-family dwelling to be located at 4553 Stellata Loop, Sherrills Ford, Catawba County, North Carolina 22. On or about May 14, 2020, Respondent Licensee submitted a building permit application to Catawba County for the above-referenced project. The total estimated cost on the application was $165,000.00. Catawba County subsequently issued the permit. Magnolia Cove was listed as the owner and Respondent Licensee was listed on the permit as the general contractor. (Exhibit 8) 23. Summit Engineering, Laboratory & Testing, Inc. (“Summit”) was hired to perform inspections of timber framing on the above-referenced project. 24. On or about October 2, 2020, Summit emailed Respondent Licensee stating that Summit will not perform roofing truss inspections for the above-referenced project and that all roofing truss inspection reports will need to be provided by the roofing truss manufacturer (Exhibit 9) 25. On October 9, 2020, Summit provided Respondent Licensee a certified and sealed inspection report for the above-referenced project, stating in relevant part, “It should be noted that pre-fabricated roof trusses and their respective bracing were not included in this visual inspection. (emphasis added) (Exhibit 10) (oss) Page 10 0f2326. On or about October 12, 2020, Catawba County received a certified and sealed inspection report on Summit letterhead for the above-referenced project, stating in relevant part, “It should be noted that pre-fabricated roof trusses and their respective bracing were inspected and found compliant, Foundation items were also inspected and found compliant.” (emphasis added) (Exhibit 11) 20 C 610 and 20 C 620 - Lot #68, 4526 Stellata Loop 27. On or about October 30, 2020, Board staff filed an Affidavit in Support of Preferring Charges against Respondent Licensee alleging misconduct in that Respondent Qualifier falsified multiple engineering reports. 28, Respondent Licensee entered into a contract with Magnolia Cove for the construction of a single-family dwelling to be located at 4526 Stellata Loop, Shemills Ford, Catawba County, North Carolina, 29. On or about May 14, 2020, Respondent Licensee submitted a building permit application to Catawba County for the above-referenced project. The total estimated cost on the application was $165,000.00, Catawba County subsequently issued the permit, Magnolia Cove ‘was listed as the developer. Respondent Licensee was listed on the permit as the general contractor. (Exhibit 8) 30. On or about October 2, 2020, Summit emailed Respondent Licensee stating that Summit will not perform roofing truss inspections for the above-referenced project and that all roofing truss inspection reports will need to be provided by the roofing truss manufacturer. (Exhibit 9) 31. On October 7, 2020, Summit provided Respondent Licensee a certified and sealed inspection report for the above-referenced project, stating in part, “It should be noted that pre~ (eos Page 11 of 23fabricated roof trusses and their respective bracing were not included in this visual inspection,” (emphasis added) 32, On or about October 10, 2020, Catawba County received a certified and sealed inspection report on Summit letterhead for the above-referenced projects, stating in relevant part, “It should be noted that pre-fabricated roof trusses and their respective bracing were inspected and found compliant, Foundation items were also inspected and found compliant,” (emphasis added) 20 C 610 and 20 C 621 - Lot #69, 4532 Stellata Li 33. On or about October 30, 2020, Board staff filed an Affidavit in Support of Preferring Charges against Respondent Licensee alleging misconduct in that Respondent Qualifier falsified multiple engineering reports. 34, Respondent Licensee entered into a contract with Magnolia Cove for the construction of a single-family dwelling to be located at 4532 Stellata Loop, Sherrills Ford, Catawba County, North Carolina, 35. On or about May 18, 2020, Respondent Licensee submitted a building permit application to Catawba County for the above-referenced project. The total estimated cost on the application was $165,000.00. Catawba County subsequently issued the permit. Magnolia Cove ‘was listed as the owner and Respondent Licensee was listed on the permit as the general contractor. 36. On or about October 2, 2020, Summit emailed Respondent Licensee stating that ‘Summit will not perform roofing truss inspections for the above-referenced project and that all roofing truss inspection reports will need to be provided by the roofing truss manufacturer. (Exhibit 9) 37, On or about, Summit provided Respondent Licensee a certified and sealed inspection report for the above-referenced project, stating in relevant “It should be noted that (oss Page 12 0f 23pre-fabricated roof trusses and their respective bracing were not ineluded in this visual inspection.” (emphasis added) (Exhibit 13) 38. On or about October 10, 2020, Catawba County received a certified and sealed inspection report on Summit letterhead dated October 8, 2020 for the above-referenced project, stating in relevant part, “It should be noted that pre-fabricated roof trusses and their respective bracing were inspected and found compliant, Foundation items were also inspected and found compliant.” (emphasis added) (Exhibit 14) 20 C610 and 20 C 621 - Lot #72, 4550 Stellata Loop 39. On or about October 30, 2020, Board staff filed an Affidavit in Support of Preferring Charges against Respondent Licensee alleging misconduct in that Respondent Qualifier falsified multiple engineering reports. 40. Respondent Licensee entered into a contract with Magnolia Cove for the construction of a single-family dwelling to be located at 4550 Stellata Loop, Shentlls Ford, Catawba County, North Carolina. 41, On or about May 15, 2022, Respondent Licensee submitted a building permit application to Catawba County for the above-referenced project, The total estimated cost on the application was $165,000.00, Catawba County subsequently issued the permit. Magnolia Cove ‘was listed as the owner. Respondent Licensee was listed as the general contractor on the permit, (Exhibit 8) 42. On or about October 2, 2020, Summit emailed Respondent Licensee stating that Summit will not perform roofing truss inspections for the above-referenced project and that all roofing truss inspection reports will need to be provided by the roofing truss manufacturer. (Exhibit 9) (evs) Page 13 0f 2343. On or about October 8, 2020, Summit provided Respondent Licensee a certified and sealed inspection report for the above-referenced project, stating in relevant part, “It should be noted that pre-fabricated roof trusses and their respective bracing were not included in this igual inspection.” (emphasis added) (Exhibit 15) 44, On or about October 10, 2020, Catawba County received a certified and sealed inspection report on Summit letterhead dated October 8, 2020 for the above-referenced project, stating in relevant part, "It should be noted that pre-fabricated roof trusses and their respective bracing were inspected and found compliant, Foundation items were also inspected and found iant." (emphasis added) (Exhibit 16) 20 C 610 and 20 C 622 - Lot #4, 6630 Star Drive 45, On or about October 30, 2020, Board staff filed an Affidavit in Support of referring Charges against Respondent Licensee alleging misconduct in that Respondent Qualifier falsified multiple engineering reports. 46. Respondent Licensee entered into a contract with Magnolia Cove for the construction of a single-family dwelling to be located at 6630 Star Drive, Sherrills Ford, Catawba County, North Carolina, 47. On or about May 20, 2020, Respondent Licensee submitted a building permit application to Catawba County for the above-referenced project, The total estimated cost on the application was $165,000.00, Catawba County subsequently issued the permit. Magnolia Cove ‘was listed as the owner, Respondent Licensee was listed as the general contractor on the permit. 48. On or about October 2, 2020, Summit emailed Respondent Licensee stating that Summit will not perform roofing truss inspections for the above-referenced project and that all (oss Page 14 0F23roofing truss inspection reports will need to be provided by the roofing truss manufacturer. (Exhibit 9) 49. On or about October 1, 2020, Summit provided Respondent Licensee a certified and sealed inspection report for the above-referenced project, stating in relevant part, “It should bbe noted that pre-fabricated roof trusses and their respective bracing were not included in this visual inspection.” (emphasis added) (Exhibit 17) 50, On or about October 10, 2020, Catawba County received a certified and sealed inspection report on Summit letterhead dated October 1, 2020 for the above-referenced project, stating in relevant part, “It should be noted that pre-fabricated roof trusses and their respective bracing were inspected and found compliant, Foundation items were also inspected and found compliant.” (emphasis added) (Exhibit 18) 20 C 610 and 20 C 622 - Lot #5, 6636 Star Drive 51. On or about October 30, 2020, Board staff filed an Affidavit in Support of referring Charges against Respondent Licensee alleging misconduct in that Respondent Qualifier falsified multiple engineering reports. 52. Respondent Licensee entered into a contract with Magnolia Cove for the construction ofa single-family dwelling to be located at 6636 Star Drive, Sherrills Fond, Catawba County, North Carolina, 53. On or about May 19, 2020, Respondent Licensee submitted a building permit application to Catawba County for the above-referenced project, The total estimated cost on the application was $165,000.00. Catawba County subsequently issued the permit, Magnolia Cove ‘was listed as the owner. Respondent Licensee was listed as the general contractor on the permit, (Exhibit 8) torso Page 15 02354, On or about October 1, 2020, Summit provided Respondent Licensee a certified and sealed inspection report for the above-referenced project, stating in relevant part, “It should luded in this be noted that pre-fabricated roof trusses and their respective bracing were not visual inspection.” (emphasis added) (Exhibit 19) 55. On or about October 2, 2020, Summit emailed Respondent Licensee stating that Summit will not perform roofing truss inspections for the above-referenced project and that all roofing truss inspection reports will need to be provided by the roofing truss manufacturer. (Exhibit 9) 56, — Onor about October 2, 2020, Summit provided Respondent Licensee and Catawba County a certified and sealed inspection report for the above-referenced project, stating in relevant part, “It should be noted that pre-fabricated roof trusses and their respective bracing were not included in this visual inspection.” (emphasis added) 57. On or about October 10, 2020, Catawba County received a certified and sealed inspection report on Summit letterhead dated October 1, 2020 for the above-referenced project, stating in relevant part, “It should be noted that pre-fabricated roof trusses and their respective bracing were inspected and found compliant.” (emphasis added) (Exhibit 20) 58. Onor about October 13, 2020, Summit sent a letter to Catawba County regarding the above-referenced project noting the change in language from the inspection report provided to Respondent Licensee and the inspection report provided to Catawba County. (Exhibit 12) 20 € 610 and 20 C 622 - Lot #6, 6642 Star Drive 59, On or about October 30, 2020, Board staff filed an Affidavit in Support of Preferring Charges against Respondent Licensee alleging misconduct in that Respondent Qualifier falsified multiple engineering reports. (esse Page 16 0f23,60. Respondent Licensee entered into a contract with Magnolia Cove for the construction of a single-family dwelling to be located at 6642 Star Drive, Sherrlls Ford, Catawba County, North Carolina, 61. On or about May 15, 2020, Respondent Licensee submitted a building permit application to Catawba County for the above-referenced project. The total estimated cost on the application was $165,000.00, Catawba County subsequently issued the permit. Magnolia Cove ‘was listed as the owner. Respondent Licensee was listed as the general contractor on the permit, (Exhibit 8) 62. On or about October 2, 2020, Summit emailed Respondent Licensee stating that ‘Summit will not perform roofing truss inspections for the above-referenced project and that all roofing truss inspection reports will need to be provided by the roofing truss manufacturer. (Exhibit 9) 20 C 623 63, On or about October 30, 2020, Board staff filed an Affidavit in Support of Preferring Charges against Respondent Licensee alleging misconduct in that Respondent Qualifier falsified multiple engineering reports. 64, Respondent Licensee entered into a contract with Magnolia Cove for the construction of single-family dwellings located at: a, Lot #1, 4510 McCorkle Ln., Sherrills Ford, Catawba County, North Carolina; and b. Lot #2, 6618 Star Dr., Sherrills Ford, Catawba County, North Carolina. 65. On or about April 6, 2020 and May 20, 2020, Respondent Licensee submitted a building permit application to Catawba County for the above-referenced projects. The total estimated cost on each application was $165,000.00. Respondent Licensee was listed as the general (oes) Page 17 of 23contractor and Respondent Qualifier was listed on the permit as the contact, Catawba County issued the permits on April 13, 2020 and May 20, 2020, respectively. (Exhibit 8) 66. Inspection report notes the address for 4510 MeCorkle Ln., will change to 6612 Star Dr., Shertills Ford, Catawba County, North Carolina when the subdivision plat has been recorded. (Exhibit 8) 67. Onorabout July 28, 2020, Summit certified and sealed a structural report for 4510 MoCorkle Ln. (6612 Star Dr.) stating in relevant part under the heading “Observations,” “Summit observed the following items as noted in the above referenced County Permit Detail Report: - Bracing at TOLSGE, TO2SGE, T04 and T10 trusses. - Hangers required at the CJO1 and CJ02 ‘russes, - Jack stud supports for the window in the master bathroom, - Plate washers in the portal frame for the garage door opening.” (Exhibit 23) 68. On or about July 29, 2020, Summit created a structural report for 6612 Star Dr, stating in relevant part under the heading “Observations,” “Summit observed the following items fas noted in the above referenced County Permit Detail Report: - Foundation Corrections Required.” (Exhibit 24) 69. On or about August 14, 2020, a structural report was created for 6618 Star Dr., stating in relevant part under the heading “Observations,” “Summit observed the following items as noted in the above referenced County Permit Detail Report: - Anchor bolts were installed per drawings. - Strapping was installed per detail D3F. - All truss repairs were accomplished per the detail provided by Mark Morris.” (Exhibit 25) ‘The foregoing Findings of Fact are incorporated by reference as Conclusions of Law to the extent necessary to give effect to the provisions of this Final Decision. (ooseus) Page 18 of 23CONCLUSIONS OF LAW 1. The actions of Respondent Licensee, as described above in paragraphs I land 12, violate G.S. §§ 87-11 and 87-13 and constitute fraud or deceit in obtaining a license and a willful violation of Article 1, Chapter 87 of the General Statutes, in violation of G.S. § 87-11(a). 2. The actions of Respondent Licensee, as described above in paragraphs 11 and 12, are directly attributable to Respondent Qualifier, violate G.S. §§ 87-11 and 87-13 and constitute fraud or deceit in obtaining a license and a willful violation of Article 1, Chapter 87 of the General Statutes, in violation of G.S. § 87-11@). 3. The actions of Respondent Licensee, as described above in paragraphs 10, 16, and 19 violate G.S. §§ 87-1 and 87-11 and constitute gross negligence, incompetency and/or misconduct in the practice of general contracting and a willful violation of Article 1, Chapter 87 of the General Statutes in violation of GS. § 87-11(@). 4, The actions of Respondent Licensee, as described above in paragraphs 10, 16, and 19 are directly attributable to and/or were committed by Respondent Qualifier, violate G.S. §§ 87- 1 and 87-11, and constitute gross negligence, incompetency and/or misconduct in the practice of general contracting and a willful violation of Article 1, Chapter 87 of the General Statutes in violation of GS. § 87-11(@). 5. There was not sufficient evidence to find that Respondent Licensee or Respondent Qualifier engaged in misconduct and/or incompeteney in the practice of general contracting or committed a willful violation of Article 1, Chapter 87 based on the Findings of Fact as stated above relevant to Complaint File Nos. 20 C 610, 20 C 620, 20 C 621, 20 C 622, and 20 C 623. (ease Page 19 of 23Based on the foregoing, IT IS THEREFORE ORDERED as follows: 1, That within thirty (30) days from the date of this Final Decision, pursuant to G.S. § 87-11(@), Respondent Licensee and Respondent Qualifier pay, jointly and severally, to the North Carolina Licensing Board for General Contractors to cover the Board's reasonable administrative costs associated with each of the three (3) separate investigations and prosecution of the willful violations of Article 1, Chapter 87 of the North Carolina General Statutes as found herein (19 C326, 19 C 328, 19 C 329); said reasonable administrative costs not to exceed the statutorily prescribed limit of Five Thousand dollars ($5,000.00) for each of the three (3) separate investigations and prosecutions. ‘The total amount to be paid to the Board as stated herein shall not exceed Fifteen Thousand dollars ($15,000.00). Payment shall be made to the “NC Licensing Board for General Contractors” ATTN: Debbie Price 5400 Creedmoor Road Raleigh, North Carolina 27612 2, That Respondent Licensee's license, currently valid, and Respondent Qualifier’s ability to act as a qualifying party for a license to practice general contracting for any co- partnership, corporation, or any other organization or combination are hereby SUSPENDED for @ period of eighteen (18) months, effective as of the date of this Final Decision; provided, however, that the said SUSPENSIONS are hereby STAYED for a period of twelve (12) months effective as of completion of six (6) months of ACTIVE SUSPENSIONS provided Respondent Licensee and Respondent Qualifier satisfy in full all of the following conditions: a, That Respondent Licensee and/or Respondent Qualifier have made full and timely payment of the above-referenced administrative costs; the full and timely payment of the above-referenced administrative costs is an express condition precedent to (1) STAY the SUSPENSION of Respondent Licensce’s license, (2) STAY the (eos Page 20 of 233. . That no later than SUSPENSION of Respondent Qualifier’s ability to act as a qualifying party for a license to practice general contracting, and (3) renewal of Respondent Licensee's license; ‘That neither Respondent Licensee nor Respondent Qualifier commit any violations of Article 1, Chapter 87 of the North Carolina General Statutes and related administrative rules during the 18-month period of the SUSPENSIONS; (6) months from the date of this Final Decision Respondent Qualifier shall take and successfully complete and pass a forty-hour (40-hour) Level I Building Code course offered by the North Carolina Department of Insurance. Respondent Qualifier shall submit to the Board written proof of satisfactory completion of the Level I Building Code course, Completion of these forty (40) hours of the Level I Building Code course shall be in addition to, and not in licu of, any other continuing education requirements of Respondent Qualifier as set forth in G.S, § 87-10.2 and 21 NCAC 12B .0102. Ifany of the foregoing conditions are not met, the STAY of the SUSPENSION of Respondent Licensee’s license and the STAY of the SUSPENSION of Respondent Qualifier’s ability to act as a qualifying party for a license to practice general contracting for any co- partnership, corporation or any other organization or combination, shall immediately be lifted and the SUSPENSIONS shall immediately become ACTIVE SUSPENSIONS for the full eighteen (18) month period of the SUSPENSIONS. 4, For any period of time that Respondent Livensee’s license is invalid (other than for the ACTIVE SUSPENSION) or is not renewed, the running of the SUSPENSION is tolled for the duration of such period of time as Respondent Licensee’s license is either invalid or has not been eves) Page 21 of 23renewed. The SUSPENSION period runs only during the time that Respondent Licensee's license remains active and valid (but for the ACTIVE SUSPENSION). ‘This, the 2 _ day of January 2023, NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS By: — Aan Lisa Pierey Board Chair (eos) Page 22 of 23CERTIFICATE OF SERVICE, It is hereby certified that the foregoing FINAL DECISION was served this day upon Respondent Licensee and Respondent Qualifier and upon Board Counsel by placing a copy thereof in a depository under the exclusive care and custody of the United States Postal Service in a first class, postage-prepaid envelope and properly addressed as follows: G, Wade Leach, IIT Grant Simpkins Burr & Forman LLP Hedrick Gardner Kincheloe & Garofalo LLP 101 S. Tyron St, Ste, 2610 4131 Parklake Avenue, Suite 300 Charlotte, NC 28280 Raleigh, NC 27612 Counsel for Respondent Licensee and Counsel for the Board Respondent Qualifier act sis, theo) 2 day of January 2023, (ess Page 23 0f23