Contractors license san diego

A disciplinary investigation by CSLB can be triggered by a complaint against a contractor filed by a homeowner consumer , a subcontractor, other contractors, and sometimes by a public agency. Most complaints that expose a contractor to disciplinary action by the CSLB are a result of misunderstandings or poor communication between the contractor and the client, cost overruns due to mismanagement or inexperience on part of the contractor, or just sometimes just poorly worded contracts, which are taken advantage of to force a below contract financial settlement.

A disciplinary investigation can also be triggered against a contractor facing a criminal conviction. The statute of limitations for the board to file an accusation against a licensed contractor in California is four years. Once the CSLB receives a written complaint, it goes through a review process under which the CSLB determines if the consumer complaint falls within the limitations of the board.

The complainant is informed with a written notice that their complaint has been received. The contractor in question will also be notified and urged to resolve the underlying complaint with no further intervention of the board. When the complaint is not resolved between the two parties, the CSLB will attempt the path of dispute mediation or settlement, if appropriate, for early resolution of cases. This typically involves the settlement of the dispute in lieu of a substantial payment.

You may think of it as an early opportunity to resolve a disciplinary case at a lower cost and damage. An attorney can help a contractor choose and decide if it could be a profitable deal in their case.

If this form of alternative dispute resolution fails, CSLB will choose one from several additional settlement options considering all the facts in the context of the case. The possible settlement options could include the assignment of an ER enforcement representative for further investigation, referral to an arbitration program, or referral to alternative civil or dispute resolution methods. Many times, if a contractor is not a repeat violator or the problem is not egregious, the complaint may be closed with a warning letter that warns the contractor that any further violations will result in disciplinary actions.

The unsuccessful resolution of the complaint after mediation is often recommended for CSLB-sponsored arbitration or transferred to the ER for additional investigation. There are two types of arbitration programs administered by CSLB: mandatory arbitration and voluntary arbitration. CSLB offers arbitration to resolve disputes the meet specific criteria.

CSLB sponsors such programs and only contractors in good standing with CSLB qualify to participate in the arbitration; for instance, the contractor must not have a history of repeated or similar violations. These arbitration programs involve resolving the disputes between both parties in a timely manner.

Disciplinary action by CSLB in the form of a citation will require the contractor to take specific remedial measures. For instance, the CSLB may want you to correct, or pay to correct, a fault or shortcoming in your construction work. You can choose to pay the civil penalty and fix it or may seek to appeal all or any portion of the citation.

In some cases, after the process of arbitration, if the CSLB issues an accusation. In a typical accusation proceeding, the board will certainly seek a suspension or revocation of your license along with civil penalties, restitution, attorney's fees, and other costs of the investigation. This is the harshest form of discipline and a more formal process compared to the much simpler citation procedure. You can also deny the accusation and appeal for a trial consideration before an ALJ administrative law judge , in an official administrative hearing.

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