As a qualified contractor, your ability to work and receive payment for your services depends on your ability to secure and retain your practice license. Unfortunately, you can easily lose what you have worked hard to acquire within the blink of an eye when someone files a complaint against you or perhaps you are charged with a criminal offense.
If you have received a formal notice of investigation from the Contractors State License Board (CSLB), you should know that your general contractor or contractor license is at risk. It is in your best interest to consult with a reliable attorney who understands how CSLB treats the type of allegations you are up against and the best defense arguments that could work to your advantage to secure a desirable outcome.
At San Francisco License Attorney, we understand how frustrating and stressful it can be to know that the allegations you are up against could jeopardize your career as a contractor. We will be your legal counsel through every stage of the investigation process and the administrative hearings to secure a favorable outcome, including case dismissal or a lighter disciplinary action.
Valuable Roles of General Contractors and Contractors
You cannot overlook the valuable roles general contractors and contractors play in the construction industry. The services you render to private clients and the government are truly incomparable and irreplaceable. From eye-catching and well-designed bridges, highways, buildings, and playgrounds, we rely on your services to live decent and quality lives.
As a requirement for securing a practice license to work and earn as a contractor, you must take and pass a law, trade, and business exam. Your construction skills will determine if you can apply for a general building or general engineering license.
General engineering contractors who mainly work in irrigation, excavation, grading, paving, and several other related sectors qualify to apply for a Class A practice license. On the other hand, Class B licenses are reserved for general building contractors whose main services involve remodeling and construction of commercial properties.
A general building contractor can also provide the required equipment, materials, and labor and secure the necessary permits. Another crucial category of contractor license is Class C, which applies to contractors who offer specific services like plumbing, drywall installation, electrical work, and other vital services during construction and building projects.
While a university degree is not required to be a general or specialty contractor, you must undergo vigorous training and gather hands-on experience to qualify for a practice license. Therefore, when you receive the CSLB’s notice of investigation, or you suspect a client could file a complaint against you, you should seek immediate legal assistance.
Your defense attorney will scrutinize and investigate your unique case details to craft solid defense arguments that will help you secure the best possible results.
What to Keep in Mind When the CSLB Receives a Complaint About Your Practice or Character
Anyone, from homeowners, subcontractors, construction companies, and competitors, could file a complaint against you. When a customer complaint or a criminal charge is filed against you, you should take the matter defensively and with the seriousness it deserves. The “seriousness” in this context means you should seek the services of a skilled attorney without delay.
Once the CSLB receives a complaint against you, its investigators will investigate the matter to determine whether:
- The allegations you are up against are substantiated
- Whether the allegations you are up against belong under the CSLB jurisdiction
If the allegations you are up against are substantiated, the board will send you a notice of investigation to inform you of the allegations and your options. Here is what you should remember once you receive the board's notice of investigation about a complaint filed against you:
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The CSLB Advocates for the Consumer's Interests
While CSLB is responsible for licensing contractors and general contractors in the construction industry, it is a consumer-centered agency. The CSLB's primary mission is to regulate the construction industry, enforce the business and professions code, and protect all consumers from substandard services.
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You Do Not Have to Respond to the Investigator's Questions
When the board’s investigators contact you to ask you questions about the allegations you are up against, remember you are under no legal obligation to answer any of them. As mentioned above, the board is not on your side, and any information its investigators collect from your confessions can and will apply against you, limiting or reducing your odds of winning the case.
Therefore, it is best to remain silent when the board's investigative officers ask you their confusing questions. If these investigative officers insist on speaking to you, you can politely ask them to talk to your attorney.
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Every Complaint or Criminal Allegation Has Consequences
Even if the complaint or criminal allegations you are up against are untrue, they could impact several aspects of your professional life. Aside from affecting your reputation, these complaints can affect your ability to offer your services and gain referrals.
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You Have Limited Time to File Your Notice of Defense After Receiving the Board’s Notice of Investigation
Once the CSLB sends you a notice of investigation, notifying you about the allegations you are up against, you will have not more than fifteen (15) days to file your notice of defense, explaining your intent to tell your side of the story. When you fail or forget to file your notice of defense, the board will automatically suspend your practice license.
Most complaints the CSLB receives about a licensed contractor are unsubstantiated. Unfortunately, they could make you lose your license if you do not have an aggressive defense attorney to help challenge them for the best possible outcome. That is why you should retain the services of an attorney as soon as you can to help level the playing field between you and the CSLB.
Complaints and Criminal Allegations That Could Jeopardize Your Contractor’s License
Below are potential complaints that could put your contractor's license at risk of revocation or suspension by the CSLB:
Committing Fraud Offense
If you are under arrest or investigation as a suspect in an insurance or real estate fraud, the board could take disciplinary action against your practice license.
Reporting to Work While Intoxicated
Aside from being unethical, being under the influence of alcohol or drugs at work could put you at risk of injury because of several safety hazards inherent in your workplace. If you have a habit of going to your job while under the influence of narcotics or alcohol, a co-worker or client could report you to CSLB.
Hiring Unqualified Subcontractors and Workers
As a general contractor, you must ensure that all the subcontractors and workers you decide to work with are competent and well-qualified. While working with unqualified subcontractors could seem appealing because of their cheaper hourly rates, doing so could pose a risk to other coworkers because they are unfamiliar with the industry's rules and standards.
Therefore, CSLB must investigate the claims and review your practice license once they receive a complaint about your current partnership with unqualified workers.
Drunk Driving
An arrest for a drunk driving offense could put your professional license at risk of revocation or suspension because it is significantly related to your duties and roles as a contractor. Being “related to your duties as a contractor” in this context means alcohol influence could affect your physical and mental ability to offer quality services.
Other allegations and complaints that could have a negative impact on your professional license as a contractor include (but are not limited to) the following:
- Working without a license
- Violation of construction and building codes
- Illegally taking payments
- Failing to finish construction projects
- Use of dishonest or misleading advertisements
- Failure to pay your subcontractors, suppliers, and other employees
- Contractual disputes or breaching your contract terms
Even if you believe the allegations you are up against are unserious or unsubstantial, you should never risk handling any case against the CSLB without a reliable attorney on your side. Your attorney can enlighten you on your rights and help gather the necessary evidence to help you build suitable defenses. Below are the potential outcomes of these allegations once the CSLB receives them:
- Dismissal of the allegations as unsubstantiated due to lack of sufficient evidence to build a case against you
- A mutual settlement agreement between you and the accuser or complainant
- Issuance of a warning letter and a citation
- File a formal accusation against you, which could result in suspension and revocation of your license
- Forward your case to the District Attorney (DA) for criminal prosecution if the allegations you are up against are criminal-related
With the legal assistance of your attorney, you could resolve the allegations you are up against through settlement negotiation or arbitration, avoiding the uncertainty of the administrative hearing’s results.
What to Expect at the CSLB’s Administrative Hearing
Sometimes, you will have to challenge the allegations you are up against at the administrative hearing if settlement negotiation and arbitration are not viable options to resolve your unique case. When the board schedules a formal or administrative hearing, you should be ready to challenge the allegations you are up against before an administrative law judge (ALJ).
The ALJ will listen to the prosecutor’s (a CSLB employee) allegations against you and your attorney's mitigating arguments to determine whether to dismiss your case or impose disciplinary action. During this hearing, your attorney carries the legal burden of proving that the allegations or complaints you are up against are untrue to secure the best possible outcome.
Below are viable legal defenses that could work to your advantage to convince the ALJ to drop your case or impose the minimum disciplinary action:
- You are a victim of false accusations
- You have never arrived at work under the influence
- The available evidence against you is insufficient or unlawful
The specific defense your attorney will apply to challenge the allegations or complaints you are up against will depend on your unique case’s facts. For example, if the allegations you are up against involve being drunk at work, your attorney can challenge them by arguing that you do not drink alcohol.
Your recent blood and urine test results are examples of evidence that can help support this defense argument to secure a pleasing outcome at the CSLB’s administrative hearing.
Disciplinary Actions You Could Receive When You Lose the Administrative Hearing
When you lose the administrative hearing, this means the licensing board has substantial evidence against you. When that happens, the ALJ will decide on appropriate and fair disciplinary action to take against your professional license. Below are potential disciplinary actions you should anticipate for your unique case:
- License revocation
- License suspension
- A warning and a citation
- License probation
- Issuance of a letter of public reproval
In administrative hearings, the ALJ’s proposed disciplinary actions are not final. After determining the appropriate disciplinary action for your violation, the board could decide to uphold or modify it to suit your unique offense's seriousness and sophistication. If the board fails to take appropriate action within one hundred days, the ALJ’s proposed disciplinary action will remain final.
It is also worth noting that certain professional misconduct cases could attract legal penalties upon conviction at trial. If the allegations you are up against fall within the criminal justice system's jurisdiction, the board will forward the case to the DA for criminal prosecution. For example, if your case is fraud-related, the bond will likely forward it to the DA because it is a criminal offense.
If the allegations you are up against are true beyond a reasonable doubt, your sentence upon conviction at trial could include hefty fines, incarceration, or both.
Find a Reliable License Defense Attorney Near Me
As you can see above, the consequences of a criminal conviction or complaint about your professional duties and character could be detrimental to your career as a general contractor or contractor. To increase your odds of securing a favorable outcome, you should hire an attorney to help you maneuver the complexities of the board's disciplinary process and court process, if necessary.
At San Francisco License Attorney, you will enjoy access to qualified and seasoned attorneys who understand how CSLB treats complaints against licensed contractors. Call us at 415-919-6594 to schedule your initial obligation-free consultation with one of our attorneys as soon as possible for aggressive legal representation.
