Understanding the CSLB Complaint Form
The California Contractors State License Board complaint process commences when a homeowner who has been taken advantage of files a complaint with the CSLB. The complaint form can be found on the Board’s website at www.cslb.ca.gov. A form must be submitted for each contract entered into with the contractor. In other words, if a homeowner has two cases with Mechanic’s lien engineer and two cases with poorly performing designer David Easton, a four-page complaint form must be completed for David Easton, a four-page for contract one with Mechanic’s lien engineer and another four-page complaint for contract two for Mechanic’s lien engineer. In addition, there is a checklist form that must be completed for each contract.
The complaint form itself asks for address, city and zip code where the work was performed and street address and city where the contractor’s business is located. If the work was not done on the same property, the second property information will take up some space on the complaint form. Homeowners do not need to use such space. Very few of my eye roll cases involve homeowners in the same neighborhood, so it is likely that the property where the work was done is a different property than the property where the contractor’s business is located. Thus, the complaint form is usually filled out using a single address.
The CSLB complaint form also asks for the consumer to state the beginning and ending date of the work. I have had cases where the contractor tried to claim that the contract was signed before the homeowner actually hired him . The contractor does not always know that the homeowner actually paid money to the contractor before the date of the contract. Thus, the precise date of the transaction should be helpful to the homeowner. If the work was intended to be an A+B, the homeowner may want to designate the period of time for the work which was completed, and that which remains undone.
The complaint form also requires the name and address of each subcontractor and the amount paid. Homeowners will want to write "none known" or "unknown". Homeowners may also write down an approximate amount paid to unknown subcontractors. The Board may contact the contractor if he wants the information filled in on the complaint. An owner may not have access to the subcontractor’s addresses, and much less, the addresses of suppliers. The homeowner can readily contact the contractor to obtain information for his subcontractors and a supplier’s address.
It would be a good idea for the owner to keep a record of phone calls and e-mails between the contractor and himself. These records can be included with the complaint form. The CSLB complaint form requests copies of contracts and invoices. The homeowner will prepare a two- or three-page complaint form for each contract and a two- or three-page complaint form for each contract. The forms are designed to be very specific. The homeowner should fill in the form with precision, using specific contract language where possible. A homeowner should be careful not to include boilerplate language unless it is applicable to his particular relationship with the contractor.
When to Submit a Complaint to the CSLB
Breach of contract, failure to start or complete work, defective or negligent work, and failure to pay (when contract requires such). These are just a few of the many scenarios where a complaint may be appropriate.
The CSLB does not have jurisdiction to hear every complaint a consumer may have about a contractor. As discussed above, the more common disputes it hears are over general contract breaches or unlicensed work. However, it also hears cases over violations of the contractor’s license law, workers’ compensation violations, and issues over worker misclassification. The CSLB is the government agency that regulates and oversees all of California’s licensed contractors. Keeping that in mind, it should be no surprise that it has jurisdiction to police licensed contractors. Examples include:
Each of these areas is a violation of the contractor’s license law and, therefore, something the CSLB has the power to hear.
How to Complete the CSLB Complaint Form
The California Contractors State License Board (CSLB) complaint form is your first step toward justice. But it is important to remember that the CSLB does not act as your attorney or even as a mediator between you and the contractor. So although a CSLB complaint is a good first step, you should not expect the CSLB to be able to resolve the situation for you. Instead, take a look at the following step-by-step guide to completing the CSLB complaint form.
Section A: Information About You
This section is where you will input your personal information—name, address, phone number, etc. It’s a simple one to get through, but you should include any alternative contact information. If you have more than one email address, for instance, it’s a good idea to include them all. You never know how best a process server or interviewer will choose to contact you.
Section B: Information About the Contractor or Business
In this section, simply answer the questions as completely as possible. If you do not have a complaint number, leave that field blank. If the contractor has a license and you know the license number, provide that as well.
The "Scope of Work" box is basically your chance to explain the circumstances of your situation. How much work did the contractor complete before he or she walked off the job? Did you experience a delay? Was the quality of work poor? You can also use this space to explain what you are asking of the CSLB (to license or revoke the contractor’s license, for example) and what form of compensation you would like (such as refunds, payment for unfinished work, etc.)
Section C: The Breach of Contract & Damage Amount
It’s important to remember that you only need to show the CSLB that the work was not completed in order for the CSLB to proceed with a hearing. So you do not need a contract to show that the contractor did in fact breach the contract, but if you want additional compensation then it is a good idea to include copies of the contract, invoices, receipts, photos of the work, etc.
Finally, you will need to provide an estimation of damages. This is where you can very clearly get some legal advice ahead of time. For example, if you ask for $100,000 in new construction and the CSLB only pays out $12,500 in the case that you do win, that’s a lot of lost time on your behalf. But asking for too little doesn’t help either. So ask an experienced attorney how much you should ask for and include the actual invoices for that amount as well as any replacement estimates (particularly from a licensed contractor) that you receive.
How to File a Complaint with the CSLB
When you have completed the CSLB complaint form, you must file it with the Board. Submitting a complaint to the CSLB can be done in two ways – online or by mail. You can submit your completed complaint online, using the Board’s online consumer complaint system. The information you provide is secure and confidential. You will be prompted to create an account with the CSLB. Once you complete your complaint online, you can simply monitor the progress of your submitted complaint through your online account at any time. The complaint form can also be mailed to the Board. Without exception , since the Board now requires online submissions, complaints submitted by mail will receive a lower level of priority than those received by way of the online system. The Board’s Complaint Unit must receive your properly completed complaint not later than two years from the date the work was completed or the payment schedule required by the contract was completed. In other words, if the work was finished on January 30, 2008 or if payment was due within the contract on January 30, 2009, then the Board must receive the complaint on or before January 30, 2010. State and Federal holidays are not included in calculating time deadlines.
What to Expect After Submitting a Complaint
If your complaint is accepted, it will be assigned to an investigator for further review. This investigator works for the CSLB and has the primary responsibility of following-up on almost all complaints. The investigator has the authority to inspect the project site, collect evidence, interview witnesses, and even take sworn testimony from the parties. For this reason, you should not attempt to contact the contractor again directly but should follow-up with the investigator.
Your complaint could be dismissed if any of the following occur: Your complaint will be forwarded to the accused contractor who will have 30 days to respond in writing. After the return date, the investigator may close the case with or without contacting the complainant. Unfounded complaints may result in disciplinary action against the contractor. If evidence is discovered that indicates the contractor is operating contrary to licensing laws, the CSLB may cite the respondent or assess fines or fees.
The CSLB Complaint Process usually takes at least two months or longer before the initial investigation is completed and the case closed. The confidentiality of investigative proceedings is granted by Government Code 6254(e) and is strictly maintained by the CSLB. It is a violation of law for the CSLB to disclose information about any particular case. In addition, the CSLB cannot divulge the details of complaint investigations to any licensee or the general public. The CSLB’s Investigative Committee determines which actions it will take on a case and can reject complaints at that level as well. The committee is comprised of three board members; if they are unable to reach a consensus, the matter is escalated to an administrative law judge.
Common Questions and Answers Regarding the Complaint Process with the CSLB
Common Questions About the California Contractors State License Board Complaint Process
Will my personal information be released?
Yes. All complaints against licensees are open to public review and available to anyone who visits the CLIC website.
How much will it cost me to file a complaint?
Also nothing. This service is provided by the CSLB free of charge.
How long does the complaint process take?
Normally, complaints are acknowledged within five business days after they are received, followed by an investigation process that may take as long as six months, depending on the subject matter and the degree of complexity. Once a complaint is reviewed and forwarded to an Enforcement Unit investigator, the complaint becomes part of an official investigation. You may be contacted by the investigator , but you cannot contact them directly. Typically, the investigator or their staff responds to complaints with information about the case within 45 days. Please understand that the internal workings of CSLB’s Enforcement Program are confidential, so many details will not be shared.
What if I’m not satisfied with the CSLB’s progress or actions?
The CSLB is designed to remedy problems with and between contractors, and historically has been more effective in that area than in prosecuting contractors. CSLB staff may not be able to offer the same level of response that a private attorney can. If you don’t get what you feel is a satisfactory response from the CSLB, you may need to seek help from a private attorney.