Complaint May 09, 2024 (2024)

 
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 24CV014342-910 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF WAKE NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS, Plaintiff, COMPLAINT AND MOTION FOR Vv. PERMANENT INJUNCTIVE RELIEF NICK BAKOPOULOS AND THE GRECIAN HOUSES, LLC, Defendants. Plaintiff the North Carolina Licensing Board for General Contractors (the “Board”) brings thisaction for permanent injunctive relief pursuant to North Carolina General Statute § 87-13.1 andTitle 21, Chapter 12A, Section .0912 of the North Carolina Administrative Code, after a Boardinvestigation determined that Defendant Cutting Edge Craftsmen, LLC, was engaged in theunauthorized practice of general contracting as defined in N.C. Gen. Stat. § 87-1. In support of its motion for injunctive relief, the Board shows the Court as follows: 1 The Board is an occupational licensing board established to regulate persons who engage in activities which constitute the practice of general contracting as defined in N.C. Gen. Stat. § 87-1 in order to promote the public welfare and to safeguard the life, health and property of the people of North Carolina. See 21 N.C.A.C. 12A .0102(a). Defendant Nick Bakopoulos (“Defendant Bakopoulos”) is an unlicensed individual who resides at 107 St. Clair Road, Kill Devil Hills, Dare County, North Carolina Defendant The Grecian Houses, LLC, (“Defendant Houses”) is an unlicensed limited liability company organized under the laws of the State of North Carolina with its principal office at 107 St. Clair Road, Kill Devil Hills, Dare County, North Carolina. Aleka Bakopoulos is the Registered Agent and a Managing Member, and Defendant Nick Bakopoulos is a Managing Member of Defendant. 4. General contractor” is defined under the Board’s practice act as: Electronically Filed Date: 5/8/2024 5:54 PM Wake County Clerk of Superior Court[A]ny person or firm or corporation who for a fixed price, commission, fee, or wage, undertakes to bid upon or to construct or who undertakes to superintend or manage, on his own behalf or for any person, firm, or corporation that is not licensed as a general contractor pursuant to this Article, the construction of any building, highway, public utilities, grading or any improvement or structure where the cost of the undertaking is forty thousand dollars ($40,000) or more, or undertakes to erect a North Carolina labeled manufactured modular building meeting the North Carolina State Building Code, shall be deemed to be a "general contractor" engaged in the business of general contracting in the State of North Carolina. N.C. Gen. Stat. § 87-1.5. As part of its duties, the Board is also charged with investigating the unauthorized practice of general contracting. N.C. Gen. Stat. § 87-13 makes illegal the unauthorized practice of general contracting and provides as follows: Any person, firm, or corporation not being duly authorized who shall contract for or bid upon the construction of any of the projects or works enumerated in G.S. 87-1, without having first complied with the provisions hereof, or who shall attempt to practice general contracting in the State, except as provided for in this Article, and any person, firm, or corporation presenting or attempting to file as his own the licensed certificate of another or who shall give false or forged evidence of any kind to the Board or to any member thereof in maintaining a certificate of license or who falsely shall impersonate another or who shall use an expired or revoked certificate of license, or who falsely claims or suggests in connection with any business activities regulated by the Board that a person, firm, or corporation is licensed under this Chapter, and any architect or engineer who recommends to any project owner the award of a contract to anyone not properly licensed under this Article, shall be deemed guilty of a Class 2 misdemeanor. And the Board may, in its discretion, use its funds to defray the expense, legal or otherwise, in the prosecution of any violations of this Article...6. N.C. Gen. Stat. § 87-13.1 provides: Whenever the Board determines that any person, firm or corporation has violated or is violating any of the provisions of this Article or rules and regulations of the Board promulgated under this Article, the Board may apply to the superior court for a restraining order and injunction to restrain the violation; and the superior courts have jurisdiction to grant the requested relief, irrespective of whether or not criminal prosecution has been instituted or administrative sanctions imposed by reason of the violation. When the Board prevails in actions brought under this section, the court shall award the Board its reasonable attorney’s fee not to exceed five thousand dollars ($5,000) plusthe costs associated with obtaining the relief and the investigation and prosecution of the violation. Defendants are not now and never have been the holder of a valid license or certificate of renewal of license to practice general contracting in North Carolina. Ryland James Hughes, Jr., (“Hughes”) is a licensed general contractor, license number 76503. On or about October 29, 2021, Defendant Bakopoulos submitted a residential building permit application to the Town of Kill Devil Hills to construct a single-family dwelling to be located at 216 W. Archdale St., Kill Devil Hills, Dare County, North Carolina. Nick and Aleka Bakopoulos were listed as the property owners. Hughes was listed as the contractor with his license number. The estimated construction cost listed on the residential building permit application was $200,000.00 Exhibit A.10. Upon information and belief, Defendant Bakopoulos was invoiced $160,180.38, more or less, for materials and subcontractors. Exhibit B.11 Upon information and belief, Hughes did not manage, superintend, or oversee the undertaking of construction to erect the single-family dwelling to be located at the above referenced project.12. Defendants managed and supervised the above referenced project entirely without the involvement of Hughes or any licensed general contractor.13 On an unknown date, the above-referenced project was advertised for sale and listed for rentals on Airbnb. Exhibit C.14 Defendants have violated N.C. Gen. Stat. § 87-13 by undertaking construction where the cost of the project was $40,000.00 or more.15 Defendants should be enjoined from the practice of general contracting in the State of North Carolina until such time, if ever, that Defendants becomes properly licensed.WHEREFORE, Plaintiff Board respectfully prays:That Defendants be permanently enjoined from the unauthorized practice of general contracting in North Carolina, unless and until such time that Defendants are properly licensed by the Board. II That the Court’s order provide that the permanent injunction shall be enforceable by and through the contempt powers of this Court pursuant to Chapter 5A of the North Carolina General Statutes.IIL. That this Court retain jurisdiction over this matter for such further orders as may be required to ensure full compliance with the Board’s regulations. This the 8th day of May, 2024. HEDRICK GARDNER KINCHELOE & GAROFALO, LLP A Aa d= A. Grant Simpkins NC State Bar # 54990 Anna Baird Choi NC State Bar # 20836 4131 Parklake Ave., #300 Raleigh, NC 27612 Phone: (919) 341-2636 Fax: (919) 647-4485 Email: gsimpkins@hedrickgardner.com achoi@hedrickgardner.com£5 > Town of Kill Devil Hills Residential Building Permit Application Applicant Property Owner Name:f Da 7 2 27948 LY Phone: 252-207-589 Phone: _Q 9 2~ 202- DLs Email: Email: Cell: Cell: Property LocationLAY Aaaress: . YE Lot, Block: 3h 2 Subdivision: Pint: OF 9 BRS 17018 G29 Zoning District: (JRL [] RH [1] Commercial CJL OQ L2 GOR Total Lot Size: Ss Qon Sa. Ft. Disturbed Area:, Sq. Contractor Company Name: (Z ay Hid hf, Je. License Number; +6. ae 3 Name: {LA had! Ee Phone:, Address: 29S Piheion Dave Cel_QS2 502. Ait Kiddy bawk ne. DPaYF Email: ‘Town Privilege License Number: Constraction Information ingle Family Dwelling [J Duplex New Construction [] Addition [] RepairMReplace [] Remodel[] Other: i, Footage Proposed: Living Space: 2,073 sa. Ft Covered Deck(s): Mb Sq.Ft Storage:_ /YF Sa. Ft. Ft Open Deck(s) (numberof: _@G _ Proposed Square Footage: + Existing Square Footage: Percent Coverage: Total Sq. Ft No. Bedroom(s): 3) # of Parking Sp: : Existing: Proposed: Total: Septic Tank Permit Construction Type: Estimated Constreton Cost aluding labor and wate $202,090, 02 Flood Information Flood Zone: Ove O az O x Base Flood Elevation: Proposed First Floor Elevation: Sq. Ft Below Base Flood Elevation: aePop teal 3 bediinnd SED Staff Use Only: Received By Date: Fee: EXHIBIT AMir Ront sonics Oeing O Owner Authorization Form arvey showing the following Existing and proposed improvements (fully dimensioned) 10x20 parking spaces (1 space per bedroom) and driveway Turn around areas and dumpster area (if applicable) Water tap location marked and signed by applicant Current flood information, Proposed first floor elevation Existing and proposed lot coverage, Building setbacks Health Department approval/permit O CAMA permit (if applicable) aa ling Plans ~ 3 sets Foundation plan Elevations (all four sides) ‘Wall cross section (to scale) Floor plan of all levels (to scale) Overall building height ‘Window and door schedule imeer/Architects seal (must be original seal, signature and date) $5,000 Sijurety Bond (new construction only) D Elevati ion certificate if in a Special Flood Hazard Area (SFHA) O Elevation Verification © yutside SFHA) O Non-conversion agreems ent (if applicable) ‘ash, check or money order for applicable fees Jen agent information (www.liensnc.com )Signature of Applicant; ltEmail of Applicant: 08.01.09 Page 2 of 2aia Town of Kill Devil Hills Ny, 2 PO BOX 1718 Kill Devil Hills, NC 27948 Phone: 252-449-5318 Fax: 252-441-4102 eS a aSos Planning and inspection Department BJ2021-229 BUILDING JOINT PROJECT NAME: Bakopoulos New 3 Bedroom House ISSUED: 10/28/2021 SITE ADDRESS: 216 Archdale St W Kill Devil Hills EXPIRES: 04/26/2022 APPLICANT: BAKOPOULOS, NICHOLAS OWNER: BAKOPOULOS, NICHOLAS 107 STC! 407 ST CLAI KILL DEVIL HILLS, NC 27948 KILL DEVIL HILLS, NC 27948 2 BUILDING LIMITED: Ryland James License: 7 3945 Pineway Drive Expires: 01/01/2022 hi nc 27949 (252-202-4111 PARGEL: PIN: 988517018909 Parcel Number: Address: 216 Archdale StW Kill Devi! Hills Zoning: Addition: Block: Lot(s): Legal Description: Lots 10 & 11, Block 30, Virginia Dare Shores FEES: Paid Due BUILDING AREA: T-Pole $50.00 $0.00 Covered Porches/Decks 116 SQFT ‘Open Deck Fee $150.00 $0.00 Residential Heated Space 2050 sq. Ft. Res. Building Permit Fee $1,598.30 $0.00 (75) ‘Covered Porch Residential $87.00 $0.00 Resdiential Unheated (.40) 152 Sq, Ft Totals : Open Decks 1EA $1,885.30 F $0.00 Eee eae « = ~ es PROJECT DESCRIPTION: New 3 Bedroom Single Family Dwelling Town of Kill Devil Hills Water Charges PAIDPrinted by : CTHUMAN on: 10/28/2021 09:08 AM Water Tap #: “TAY902.. Page tof .BJ2021-229 BUILDING JOINT PROJECT NAME: Bakopoulos New 3 Bedroom House ISSUED: 10/28/2021 SITE ADDRESS: 216 Archdale St W Kill Devil Hills EXPIRES: 04/26/2022) DETAILS Permit Name Value ZONING DISTRICT Cc FRONT YARD SETBACK 15 REAR YARD SETBACK 20% Depth >30 SIDE YARD SETBACK 6 HEALTH DEPARTMENT 88-6624 PERMIT # # PARKING 3 SPACES/BEDROOM CAMA PERMIT CAMA EXEMPTION FLOOD ZONE BASE FLOOD ELEVATION Proposed First Floor Elevation 9.10 SUBSTANTIAL NO IMPROVEMENT PURPOSE Residential New CONSTRUCTION TYPE. Vv CONSTRUCTION COST 200000.00 LOT COVERAGE 39.50 LIVING SPACE (SQFT) 2050 COVERED 16 PORCHES/DECKS (SQFT) ACae STRUCTURE 64 ( STORAGE (SQFT) 152 TOTAL SQUARE FOOTAGE 2382 SURVEYOR NAME AND Doug Styons L-3227 NUMBER: ARCHITECT NAME AND John DeLucia 16759 LICENSE NUMBER CULVERT Y ROLL OUT CAN 1 DRIVEWAY INVERT 2 N OCCUPANCY TYPE One & Two Family DwellingPrinted by : CTHUMAN on: 10/28/2021 09:06 AM Poge 20f3BJ2021-229 BUILDING JOINT PROJECT NAME: Bakopaulos New 3 Bedroom House ISSUED: 10/28/2021 SITE ADDRESS: 216 Archdale St W Kill Devil Hills EXPIRES: 04/26/2022 REQUIRED INSPECTIONS In-Slab Plumbing Insutation ‘Slab/Foundatior/Piling Final Framing Zoning Final Rough In CONDITIONS * This permit becom: les nulll and void if work or or workis suspend, led for a period of 12 months const ruc iction authorized is not pemmenced within 6 months or if construction at any ee time after work * NOTICE: Call Pi ‘ublic Serv ices Department (252) 48 10-4080. before pourhas started. * Foundation surv y will be requirad ing driveway! Pri * As-built survey : il be required Prio orto rough: inspi ection, ie The developer shai r to Certificate of Occupa ncy or Certificate of Comp l be respor nsible for maintaining liance. A final erosion and ‘sediment contr ol at the accordancele vation tificat e with 151Cer.41 (C). will be required priorto iss uance of a Certificate of: disturbed area. Development must Occupancy or a Certificate of ‘Compl meet all aspects of iance in Per §153,082( (B\(1)(c) Mechar Cha pte r 151 Flood Damage Prevention Ordit minima nical equipment, incl lud ck more than four ing HVAC equipment and Ce including use and elevation, Must comply with (4) feet. Li equ ipment shalt not project into Wir ind Bome Debris a * Construction mu requirements as defined in st Meet all aspect NCBC R301.2.1.2 * Zoning Final Inspection ‘Of Chapter 4: 83 Zon ing including lot coverage an id NCBC 1609.2, * All trade affidavit is required, and s ar me required to be submitted priorto Tough-in inspection, thereby certAll Provisions that I have readSpecified herein a idDees19.9examingo ed this applicatio; ing nm and know this, type of work Samethe provisio; 8 Permit does will be compliedto bei true and Correct, IW regulating co sume to give a with whet'ssued nstru ction tuthority to violate or the Per ‘ance Or cancel of construction,Sontractor or Authorizeg Ag ent:381 CTHUMANen: 1026 7208:0206 5ang Page 3.0f3, Print : STORE COPYPOB “7340021 ROATAN HWY INVOICEKITTY! tAWK; NC 27949 Date: 02/15/2022P:(252) 261-2196 cour c. LEL INV # 114-289192 BOILSING MATERIALS SO# S14-467674 Ent.By: Jack P Customer POH NICK / ARCHDALE ll : ll , | il | | l IllBILL TO: SHIP TO:CASH SALES CASH SALES PO BOX 73 4002 N CROATAN HWY Customer Account No. Sales Order No. KITTY HAWK, NC 27949 Ph#: (252) 261-2196(Line # | Ordered Shipped UOM Part Number Description Price UOM Total 1, 1 1 EA SSCOIL112 PN 1-1/2 COIL 1200CT 316SS $70.91 EA $ 70.91 2 1 1 EA SSCOIL212 PN 2-1/2 COIL 1200CT 316SS $97.53 EA $ 97.53 SubTotal $ 168.44 1 Payments - Total Taxable $ 168.44 | $ 179.81 - Credit Card (AMEX) 1{ Total Non-Taxable: $0.00 | |1] SubTotal $ 168.44 | Total Payments $ 179.81 PAID i| it Total Tax (6.75%) $11.37 Total: $ 179.81 i | | een rae, oe a = i Amount Due: $000 | Signature : Date. “ EXHIBIT BPrint: int STO sTOl Ri =ECO! COPY ¥PO BOX 734002 N.GROA.AN HWY INVOICEKITTY HAWK, NC 27949 Date: 01/04/2022P:(252) 261-2196 suw cc. Lee INV # 114-261807 BUILDINGS MATERIALS SO# S$14-394367 Ent.By: Jack P Customer PO# NICK | ll | iil I I itlBILL TO: SHIP TO:CASH SALES CASH SALES 216 West Archdale Street ill Devil Hills, North Carolina 27948 Customer Account No. Sales Order No.[Line # | Ordered Shipped UOM_ Part Number Description Price UOM Total] 8 PC LP1416T LP 1X 4X 16 REV $ 13.46 PC $ 107.68 PC LP1616T LP 1X 6X 16 REV $ 20.20 PC $ 20.20 EA LP1616NVT LP 16 X 16 SOFFIT SOLID $ 38.60 EA $ 231.60 EA LP1616VT LP 16 X 16 SOFFIT VENTED $ 35.25 EA $ 211.50 284 284 EA LP3816T LP 3/8 X 8 X 16 LAP SIDING $ 10.28 EA $ 2,919.52 18 18 PC LPS41016T LP 5/4 X 10 X 16 REV $ 44.64 PC $ 803.52 16 16 PC LPS4616T LP 5/4 X 6 X 16 REV $ 27.04 PC $ 432.64 PC LPS4816T LP 5/4 X 8 X 16 REV $ 35.81 PC $ 71.62 12 12 RL 30FELT FELT 30 216 SQFT $ 17.85 RL $ 214.20 10 EA REDLABEL CEDAR SHINGLES RED $ 107.74 EA $ 430.96 11 30 30 Piece 1416T TRID 1X 4X 16 $ 8.88 Piece $ 266.40 Notes: MC GROUND CONTACT APP. GRADE 12 1 EA SSCOIL212 PN 2-1/2 COIL 1200CT 3165S $ 90.88 EA $ 90.88 SubTotal $ 5,800.72 = — Payments $ 6,192.25 - Credit Card (AMEX) | Total Taxable: “$ 5,800.72 | Total Non-Taxable: $0.00 SubTotal $ 5,800.72 Total Payments $ 6,192.25 PAID Total Tax (6.75%): $ 391.53 Total: $6,192.25 | | Amount Due $0.00 || Signature : Date.Print : CUSTOMER COPYPO BEX 73 i4002 N CROATAN HWYKITTY HAWK, NC 27949 FP INVOICE Date: 01/04/2022P:(252) 261-2196 ouw Lee INV # 114-261082 BUILDING MATERIALS SO# $14-392387 Ent.By: Jack P Customer PO# 216 ARCHDALE / NICKBILL TO: l il ) il | iil SHIP TO:CASH SALES CASH SALES North Carolina Customer Account No. Sales Order No.[Line # | Ordered Shipped UOM Part Number Description Price UOM Total 8 8 Piece 6610T TRTD 6 X6X 10 $ 38.59 Piece $ 308.72 Notes: MC HR GROUND CONTACT #2 50 50 EA GFWS8 WASHER FLAT 5/8 GALV $0.35 EA $ 17.50 50 50 EA BNS Miscellaneous Bolts, Nuts, $ 3.06 EA $ 153.00 Screws 50 50 EA GN58 HEX NUT 5/8 GALV $ 0,26 EA $ 13.00 10 10 EA BNS Miscellaneous Bolts, Nuts, $ 1.37 EA $ 13.70 Screws 10 10 EA GN12 HEX NUT 1/2 GALV $0.26 EA $ 2.60 10 10 EA GFW12 WASHER FLAT 1/2 GALV $ 0.26 EA $ 2.60 10 10 RL 30FELT FELT 30 216 SQ FT $ 17.85 RL $ 178.50 1 1 EA PS418 DOCK PILING STRAP 4"X18" $1141 EA $11.41 BOLTED HDG SubTotal $ 700.73 Payments Total Taxable: $ 700.73 $ 748.01 - Credit Card (Profile1 Visa) Total Non-Taxable: $ 0.00 SubTotal $ 700.73 Total Payments $ 748.01 PAID Total Tax (6.75%) $ 47.28 Total: $748.01 Amount Due $ 0.00 Signature : Date.— glels LAN Vis [Oo 4 As y > aS Nao tO 2og De NTS ® Bon ota xax mc oso or wae ¥¢ vag SF} = oO ss NOS a ¥ 2), SS s+ ae AP 2S | —os So ¥ SZ en 2Q zs £0 oABS aaes 2R3 —(e.5 2 & ziyty aa 28s saa © oe See 28 ges 258 zt Skis By ae RNS 59 os az ens gos usS33 2 & a8 we Squs 32 Nas SzZkc GROG Vie 8 Eaas Saaos uc |Sc00 ee feb Previne bro Lsrmie Unthiee. 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