How to File a Complaint Agains a Contractor
Hired a contractor to fix your floors, paint your house, or build a pool but they failed to properly consummate the task? You take several options including submitting a complaint to the California Contractors State License Lath.
This commodity outlines the following means to resolve your dispute against a contractor:
- File a complaint with the California Contractors Country License Board
- File a small claims court lawsuit
- California Pocket-size Claims Court filing fees
- Pocket-sized claims court limits in California
California Contractors Country License Lath (CSLB)
What is the California Contractors Country Licensing Lath?
The Contractors State Licensing Board is a California authorities bureau that regulates contractors. Equally of 2020, there are around 300,000 contractors in California.
The Contractor'south Licensing Lath:
- Issues licenses.
- Investigates consumer complaints.
- Enforces the rules that contractors have to follow.
Did you know that the Contractors Country Licensing Lath publishes guides on hiring a contractor? Here are some primal takeaways:
- If a contractor charges $500 or more, they must be licensed.
- Whatsoever changes to the contract or change orders, "need to be in writing and signed" past both you and the contractor.
Don't forget to ever check a contractor's license before getting work done!
What types of complaints does the California Contractors Land License Board handle?
The Contractors Land License Lath handles a wide range of complaints against contractors. Hither are some examples:
- When a contractor amercement your dwelling house.
- When you hired a contractor to set up something in your dwelling but they didn't fix it.
- When you paid the contractor but they didn't perform the work.
Note: the CSLB cautions that "If your master interest is to recover the money you lot 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 lot with information to assist you file a pocket-sized claims courtroom action.
Learn more than nigh suing a contractor in a California small claims courtroom.
How to File a Complaint with the California Contractors State License Lath:
- Click here to print a PDF of the California Contractors State License Board complaint form.
- Organize any evidence that will assist the Contractors Country License Board process your complaint against the contractor.
For instance, contracts, invoices, pictures, and communications.
- Mail the completed complaint form and your testify to:
Counties served: Los Angeles, Orange, Riverside, San Diego, Ventura:
Contractors Country License Board
Norwalk Intake & Arbitration Middle
12501 East Imperial Highway
Suite 620
Norwalk, CA 90650
All other counties not listed above:
Contractors Country License Board
Sacramento Intake & Mediation Center
P.O. Box 269116
Sacramento, CA 95826
What to Expect Following Submission of your CSLB complaint
In one case you lot submit your complaint to the Contractors Country Licensing Lath hither is a summary of the steps they will take:
- You will receive written confirmation that the CSLB has received your complaint within 2-iii weeks from when the complaint was filed.
- CSLB will contact the contractor to encourage them to resolve the complaint with you directly.
- CSLB may contact you lot requesting evidence or boosted documents.
- The CSLB may also provide you information about bachelor complimentary mediation or arbitration betwixt you and the contractor.
- If there is a violation of the Contractors' State License Constabulary, they may fine the contractor, append, or revoke their license.
- Many times, the CSLB will refer you to a small claims court if your complaint cannot exist resolved or depending on their resources.
Notation: if you filed a complaint confronting a licensed contractor, the CSLB cannot guarantee you will become your money back only information technology will try to help you.
The CSLB does not take the authorization to force an unlicensed contractor to pay you back but the CSLB tin can fine them or refer the complaint to the district attorney's office.
What to practise if no agreement is reached after you file a complaint with the California Contractors License Lath? You may desire to try filing a California pocket-size claims lawsuit.
Read More than: How to file a Small-scale Claims Court lawsuit in California
California Small Claims Courtroom
Suing a contractor is one of the most common types of lawsuits filed in small claims court.
What types of lawsuits can be filed against contractors in small claims?
Many types of lawsuits tin exist filed confronting contractors, the most common ones are over:
- The final bill a contractor provides you with.
- Doing a bad chore for what you hired the contractor for ("poor workmanship").
- Not finishing the task yous hired the contractor to complete.
Small Claims Court Limits
To exist able to file a modest claims court lawsuit in California, you are capped at the amount you can sue for, likewise known as "small claims court limits."
If you are owed for more than than the amount you tin sue for, you can notwithstanding sue for the maximum amount allowed, merely y'all will demand to waive any additional amount over the limit.
What are the California Pocket-sized Claims Court Filing Fees?
The amount y'all will pay to file a minor claims lawsuit in California depends on how much you lot are suing for. You lot will pay between $30 to $75 to file the lawsuit. If cannot afford to pay court fees, you can ask the court to waive the fees.
What are other costs for Small Claims Court?
In about small claims cases, you lot can expect to pay:
- Filing fees (see in a higher place) $30- $75
- Serving Costs can range from $0-$75 per person yous sue.
If you win, you can request that the losing party pay for your court fees and serving costs.
Frequently Asked Questions
- Do I need a lawyer to become to court? No, in fact, California does not let lawyers to represent you lot at the initial small-scale claims hearing.
- What are modest claims hearings like in California? The hearings are quick and on average are 10-15 minutes. Learn more here.
- How long does pocket-size claims take? A courtroom usually schedules the pocket-sized claims hearing no subsequently than 70 days from when the lawsuit is filed. Learn more here.
The Contractors State Licensing Board also publishes a guide for suing a contractor in minor claims court . Hither are some takeaways:
- If yous win your lawsuit, the licensing board can assist you enforce the pocket-sized claims judgment if information technology is "substantially related to the construction activities of the licensed contractor." While they cannot forcefulness the contractor to pay, they can suspend the contractor's license until they pay you.
- Make sure you take the correct legal entity proper noun for the accused. For example, is the contractor doing business organisation as an individual, LLC, or corporation? Learn more here. If the contractor is licensed, their legal entity information volition come up when you search for their license number on the CSLB website.
- Sometimes you may also be able to sue the company that issued the contractor's bond! The contractor'south bond information will come up up when you search for their license number on the CSLB website.
Read More: Steps to find the Legal Entity Proper name in California
Collecting a Small Claims Court Judgment Against a Licensed Contractor
If you win your modest claims lawsuit, the California Land Contractors License Lath may be able to help you enforce the small claims judgment past suspending the contractor'southward license until they pay you.
- If you submit a copy of the judge'due south determination within 90 days from when the court decided your lawsuit, the CSLB will notify the contractor that they have ninety days from when CSLB notifies the contractor to pay the judgment. If the contractor does not pay the judgment, CSLB will suspend their license until they pay you.
- If the judgment is 91 days or older, CSLB volition suspend the contractor's license until the judgment is paid.
Source: https://www.peopleclerk.com/post/how-to-file-a-complaint-against-a-contractor-in-california
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