General Contractor Not a Lawyer

Published: Sept. 12, 2022, 6:47 p.m.

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General Contractor Has No Standing  to Allege Insurance Fraud  

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Steven Hester Hall appealed from an order granting Defendants\' motion to  dismiss Hall\'s claims for insurance fraud, breach of implied covenant  of good faith and fair dealing..  

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In Steven Hester Hall v. Brunswick Plantation Property Owners  Association, Greg Mayol, Cathy Six, And Community Association Management  Services, No. COA21-748, 2022-NCCOA-604, Court of Appeals of North  Carolina (September 6, 2022) Hall wanted to build a house without the  bond required by the Community Associations\' regulations.  FACTUAL BACKGROUND  Hall is a general contractor and the CEO of Eco Lakes Construction, LLC.  Eco Lakes owns real property at 649 Covington Drive NW, Calabash, NC  ("property"), in the Brunswick Plantation and Golf Course Community  ("Community"). Defendants are the Brunswick Plantation Property Owners  Association ("Association"); Community Association Management, the  property management company for the Association; Greg Mayol, the  Community Association Manager for the Community; and Cathy Six, the  Administrator for the Architectural Standards Committee for the  Association.  

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The Contract Performance and Master Deportment Agreement ("Master  Deportment Agreement") is a contract between the Architectural Standards  Committee and a general contractor on a construction project in the  Community. The Master Deportment Agreement requires the general  contractor to provide to the Association a $5,000 bond to be held as  security for the performance of the construction project in accordance  with the community governing documents-the Brunswick Plantation  Architectural Plan and Residential Design and Construction Standards,  and the Amended and Restated Master Declaration and Development Plan for  Brunswick Plantation.

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