A Consumer Guide to Filing Construction Complaints: It is illegal for an unlicensed person to perform contracting work on any project for which the combined total cost for labor and materials is $500 or more. CSLB works to curtail underground economy contracting activities and reduce unlicensed activity through stings, sweeps, and other enforcement actions.

For a complaint involving an unlicensed contractor, CSLB may issue a warning letter, a citation, or refer the complaint to the local district attorney for review and possible prosecution. CSLB has limited jurisdiction over unlicensed operators and cannot require an unlicensed person to make repairs to your project or pay restitution.

California Complaint Jurisdiction

Complaints within CSLB’s jurisdiction involve alleged violations of California Contractors License Law. CSLB has jurisdiction over licensed and unlicensed contractors for up to four years from the date of an illegal act.

The term “contractor” includes individuals or firms that offer services to improve real property, including, but not limited to, home building, remodeling, room additions, swimming pools, painting, roofing, landscaping, plumbing, electrical, heating and air conditioning, and installation and repair of mobile homes.

CSLB’s complaint investigation procedures are designed to protect the public in matters pertaining to construction and to assist in the resolution of construction-related complaints.

CSLB’s intent is to achieve timely and efficient complaint resolution through early intervention and mediation.

CSLB may provide help to consumers through mediation, arbitration, referral to other agencies, or providing information on other avenues for individual redress. These may include referring consumers to small claims court or referring consumers with private arbitration clauses in their contracts to the applicable arbitration process. Where appropriate, CSLB will take legal action against a contractor for violations of California Business and Professions Code.

How Complaints are 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:

• The order of receipt;
• The nature and seriousness of the allegations; and
• Available CSLB resources, including budget and staffing

Every written complaint is reviewed to determine if it falls within CSLB’s jurisdiction. CSLB’s intake and mediation representatives will send you a written confirmation that your complaint has been received. A notice is also sent to the contractor to encourage resolution of the complaint without further intervention by CSLB.

MEDIATION
If the complaint is not resolved at this point, CSLB may ask you to provide additional information and/or documentation. You may also be contacted by a CSLB Consumer Services Representative (CSR). If mediation is appropriate, the CSR will contact you and the contractor and attempt to mediate the dispute.

If mediation is unsuccessful, the CSR may refer the complaint to the appropriate settlement option. These options could include referral to a CSLB arbitration program, assignment to an Enforcement Representative (ER) for investigation, or referral to alternative civil or dispute resolution methods. CSLB will determine the appropriate option, based on the facts of the case.

INVESTIGATION
If the CSR determines that the complaint requires further investigation, it will be assigned to an ER. The ER’s investigation will determine if there is clear and convincing evidence to support a violation of Contractors License Law. The investigation may include interviews with you, the contractor, other parties to the contract, and any other parties who can furnish relevant information.

DISCIPLINARY ACTION
Violations of the law by a licensed contractor may result in a citation or charges against the contractor that could lead to suspension or revocation of the contractor’s license. Citations may contain civil penalties of up to $5,000 and/or orders of correction requiring the contractor to make repairs to your project or pay you to hire others to do so. (If a disciplinary action is undertaken, the state Attorney General represents the CSLB to prosecute the case. The Attorney General is not counsel for the complainant, but counsel for the CSLB.)

SMALL CLAIMS COURT
Investigation by CSLB does not guarantee restitution to complainants. If your primary interest is to gain restitution, you should pursue the matter in small claims court or consult with an attorney. If you are considering legal action to recover damages of $7,500 or less, CSLB can provide you with information about filing a small claims court action. You can also consult the small claims court directly for information and assistance. Additional “self-help” information can be found online at www.courtinfo.ca.gov. If your damages are more than $7,500, you should consult with an attorney.

If you prevail in a civil or arbitration case against a licensed contractor, send CSLB documentation of the disposition. CSLB will notify the contractor that the license will be suspended if the judgment or award is not satisfied.

How to File a Complaint

You may file a complaint by mail or online.

• If you choose to file the complaint by mail, either download a copy from the CSLB Web site or call, 800.321.CSLB (2752).
• If you choose to file the complaint online, simply fill in the CSLB Web site form and submit the information.

Regardless of whether you submit your complaint by mail or electronically, you will need to submit copies of all relevant documentation to the CSLB. For example, send copies of all contracts (all pages, front and back), change orders, cancelled checks (front and back), and any other pertinent information, and mail them to the appropriate office detailed below.

Failure to enclose all documentation could result in a delay in the review and processing of your complaint. CSLB cannot process incomplete or unsigned complaint forms; incomplete forms will be returned.

For complaints on work performed in Imperial, Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties, mail forms to:

Norwalk Intake & Mediation Center
12501 East Imperial Highway, Suite 620
Norwalk, CA 90650

For complaints on work performed in any California county not mentioned above, mail forms to:

Sacramento Intake & Mediation Center
P.O. Box 269116
Sacramento, CA 95826-9116

CSLB Arbitration Programs

CSLB administers two arbitration programs: a mandatory program for disputes involving alleged damages of $12,500 or less, and a voluntary program for disputes involving allegations of damage between $12,500 and $50,000.

Complaints must meet stringent criteria to qualify for referral to a CSLB arbitration program. CSLB staff will determine whether the dispute meets these criteria.

For more information on these programs, review CSLB’s Mandatory Arbitration Program or Voluntary Arbitration Program guides. Both are available on the CSLB Web site at www.cslb.ca.gov, or by calling 800.321.CSLB (2752).

Information Disclosure

Upon request, CSLB provides information about the status of a licensed contractor’s license and bond, as well as pending and prior legal actions.

If you want basic information about the status of a contractor’s license or complaint disclosure, consult the CSLB Web site at www.cslb.ca.gov, or call the CSLB’s automated phone response system at 1-800-321-CSLB (2752).

If you would like information about pending or prior legal actions against a contractor, visit the CSLB Web site at www.cslb.ca.gov and click on “Check a Licensed Contractor” or call the legal action disclosure unit at the appropriate CSLB office listed below:

Northern California 916.255.4041

Southern California 562.345.7656