After You File Your Complaint

Determine Jurisdiction

A number of steps are taken once you file a complaint with CSLB. First, CSLB determines if it has jurisdiction. CSLB has jurisdiction over contractors for up to four years from the date of the violation, and up to 10 years for some hidden (latent) structural defects.

ALERT

If the contractor you file a complaint against is unlicensed, there are limits to what CSLB can do. CSLB may cite them and impose a fine of up to $15,000, or refer the case to the local district attorney for prosecution. But, CSLB cannot require an unlicensed person to make repairs to your project.

Send Contact Letters

CSLB's Intake and Mediation Center sends contact letters to both you and your contractor. The letter to the contractor urges them to resolve the complaint immediately.

Prioritize Complaint

If your complaint is not resolved at this point, it is assigned to a consumer services representative (CSR). Because of resource constraints, CSLB also must prioritize how your complaint will be handled.

Complaints involving a threat to public health and safety, and cases where consumers have suffered a significant financial injury are given the highest priority. CSLB also prioritizes complaints based on:

Request Additional Information

The CSR will contact you and the contractor to request additional information and/or documents and will attempt to mediate the complaint. Your ability to present well documented evidence will help speed up your case.

TIP  
This is the best time to resolve a construction dispute and may help to help avoid legal costs.

TIP  
This also is the time to make sure you have provided CSLB with your email address to enable you to participate in its Consumer Satisfaction Survey.

Consider Arbitration, Small Claims or other Civil Remedies

The CSR can recommend that your complaint be referred to CSLB-sponsored arbitration. In some cases CSLB may recommend that you use small claims court or other civil remedies.

If the contractor's actions were not egregious and the contractor's history does not reflect a pattern of violations, the complaint may be closed with a warning letter to the contractor. A warning letter remains a matter of record and could support further action against the contractor if future violations occur.

Send to Field Investigation

If your complaint involves a probable violation of Contractors' State License Law, it may be transferred to an Enforcement Representative (ER) for field investigation. The ER assigned to investigate the complaint will interview you, your contractor, and any other people who can furnish relevant information.

Issue Citation or Accusation

If a licensed contractor is found to have violated contracting laws, CSLB may issue a citation or file an accusation to suspend or revoke the contractor's license.

Citations may include civil penalties of up to $2,000 and/or orders of correction requiring the contractor to make repairs to your project or pay you to hire others to do so.

REMEMBER:  A CSLB investigation does not guarantee that you'll receive restitution.

ALERT  
If your primary interest is to recover the money you paid to a contractor, you should consider civil action. If you're considering legal action to recover damages of $10,000 or less, CSLB may provide you with information to help you file a small claims court action or direct you to see the clerk of the small claims court.

Duration of the Complaint Process

CSLB sends both parties a contact letter within 2-3 weeks from when the complaint was filed. Assigning the complaint to a consumer services representative (CSR) depends on the workload of CSLB's Intake/ and Mediation Center. Complaints are handled based on the order in which they are received and the nature of the allegations. The most serious or dangerous problems are handled first.

Keeping You Informed about the Status of Your Complaint

In order to keep you posted on the status of your complaint during what can be a lengthy process, CSLB will notify you when:

You May Qualify for a CSLB arbitration program if:

If the CSR or ER determines that a CSLB arbitration program is appropriate in your case, you will receive an arbitration brochure and a form to sign, which CSLB will use to refer your complaint to arbitration and schedule a hearing. CSLB will pay for the arbitrator, as well as one expert witness, if needed, and the arbitration hearing. (If your contract contains a private arbitration clause, you may be referred to the applicable arbitration process specified in that contract.)

The biggest advantages of using CSLB-sponsored arbitration are cost, speed and ease of use.