General contractors recovery fund

[basspro]

What is the name of your state? North Carolina
I was recently involved in an arbitration case with a general contractor. The arbitration panel awarded me $12,000 in damages.

The general contractor's company has been purchased by another company and the arbitration panel ruled the other company cannot be held liable.

In North Carolina there is a recovery fund process available via the North Carolina General Contractors Licensing Board. I intend to file with board in an attempt to recover all or part of the $12,000.

The Board requires a 'writ of execution' marked 'unsatisfied'.

I have contacted my attorney (whom I used for the arbitration hearing). He says he will have to research what would be required to have the panel's ruling reduced to a judgement and then what would be involved to execute the writ. He does not know what this will cost but estimates $800 to $1200.

At this point I have already spent in excess of $15,000 on this case and really do not desire to throw good money after bad.

Question 1... could I do what is necessary (have ruling reduced to judgement, have writ executed) without an attorney and if so would someone please offer some advice as to how I should proceed.

Question 2... is it a matter of practice that an attorney would have to research such as explained above?

Question 3... has anyone had any experience with the North Carolina General Contractors Licensing Board Recovery Fund? Would I be allowed to seek the amount of actual damages or only the $12,000 awarded by the arbitration panel?

 

[seniorjudge]

What is the name of your state? North Carolina
I was recently involved in an arbitration case with a general contractor. The arbitration panel awarded me $12,000 in damages.

The general contractor's company has been purchased by another company and the arbitration panel ruled the other company cannot be held liable.

In North Carolina there is a recovery fund process available via the North Carolina General Contractors Licensing Board. I intend to file with board in an attempt to recover all or part of the $12,000.

The Board requires a 'writ of execution' marked 'unsatisfied'.

I have contacted my attorney (whom I used for the arbitration hearing). He says he will have to research what would be required to have the panel's ruling reduced to a judgement and then what would be involved to execute the writ. He does not know what this will cost but estimates $800 to $1200.

At this point I have already spent in excess of $15,000 on this case and really do not desire to throw good money after bad.

Question 1... could I do what is necessary (have ruling reduced to judgement, have writ executed) without an attorney and if so would someone please offer some advice as to how I should proceed.

Question 2... is it a matter of practice that an attorney would have to research such as explained above?

Question 3... has anyone had any experience with the North Carolina General Contractors Licensing Board Recovery Fund? Would I be allowed to seek the amount of actual damages or only the $12,000 awarded by the arbitration panel?

You've spent $15K on a $12K case?

I'd say quit while you're behind....

 

[basspro]

Yes, I've spent over $15,000. Obviously I expected the award settlement to be significantly more than $12,000. The actual cost to repair the defects is over $85,000.

At this point I am simply trying to negate some of my losses. Since I was awarded $12,000 by the arbitration panel (which cannot be collected) and since the NC General Contractors Licensing Board does have a recovery fund to cover such I am attempting to go that route.

I am simply seeking advice related to the requirements.

 

[Buk1000]

So much for the notion that homeowners can profit from construction defect cases, or that arbitration is better than litigation. Sorry you had such a horrid experience. You're certainly not alone as I think this is more typical of the way arbitration comes out if the homeowner wins anything at all. Public Interest Research Group in NC did a special report on this problem in April this yr: http://ncpirg.org/NC.asp?id2=23338 Collecting an award, either in arbitration or in court, is a challenge. Minimizing damages is exactly right. Many times this is all it comes down to. Good luck!!!