California Contractors License Defense Attorney

Why You Need A Contractor License Defense Attorney

Contractors must obtain a professional license before they can conduct business in the state. The Contractors State License Board requires you to apply and go through a process before you can receive a license. Your application will require you to make various disclosures, including your own criminal history (if you have one). Normally, you will need to pass an examination to qualify for a license. Then, you will need to maintain your license. There is a law and reference book applying to contractors that checks in at over 1,300 pages, making it critical to be aware of the regulations and requirements.

Your Board license is your livelihood. Without it, you cannot earn a living. Therefore, you must take Board requirements seriously. However, some simple disputes with customers can spiral into a situation where you may need to defend your license. The Board may try to take disciplinary action against you for a number of reasons. Many cases originate from customer complaints, whether they are about billing issues, following specifications, or the quality of the work. There are a larger number of reasons why the Board may investigate you and potentially challenge your license.

The following may file complaints against you with the CSLB:

• Homeowners
• Other contractors
• Subcontractors
• Material suppliers
• Employees
• Public agencies

Usually, these complaints originate as disputes between the complainant and you. The CSLB may assist in resolving the dispute. The CSLB will also perform a review of the facts to see if there have been any violations of state licensing laws. The Board may also act in other circumstances when they have received information that warrants an investigation. Both your professional and personal lives can be the subject of disciplinary proceedings.

License Applications, Denials and Statement of Issues

Applying for your license is exciting because it is one of the last hurdles before you can begin your career. For many the application process with the CSLB is straightforward and simple. However, for some, past criminal convictions or other issues can lock them up. The attorneys at Unlock Legal will complete and file your application on your behalf to make sure that you have the best chance of having it granted. If you have submitted your application and it has been denied, you are not locked out of your career. A denial of your application is called a Statement of Issues. We will defend you to the CSLB with the intention that you are granted your license free and clear. If you must be on probation, we will negotiate the best possible terms and conditions. A part of your defense may be cleaning up any past criminal issues to show your rehabilitation to the licensing body.

Investigation

If someone files a complaint against you with the Board, the CSLB may instigate an investigation against you. The attorneys at Unlock Legal will request a copy of the complaint, assist you in preparation of any statement, prepare you for the investigation interview, and represent you at the interview with the investigator. It is important to have experienced counsel with you at an investigation interview to assist you in answering any questions appropriately, and advising you when not to speak. With the right advice and counsel an investigation may end at the interview stage. If not, your licensing body may choose to file a formal complaint against you called an Accusation.

Accusations

An Accusation is a formal complaint drafted by the Attorney General’s office. It alleges various causes of action against you which may stem from conviction of a crime, and/or allegations of other bad acts like substance abuse, or deviation from the standard of care. You have only 15 days to send a Notice of Defense once you have been served with an Accusation. If you miss the deadline a default order may be rendered against you resulting in the revocation of your license. It is imperative that you hire experienced counsel to represent you if an Accusation has been filed against you. Time is of the essence, and your career and livelihood is at stake.

The CSLB Has Many Options to Discipline Contractors

The CSLB can undertake a variety of actions in response to what it finds. The Board may give a warning to avoid such conduct in the future, or it can issue a citation to the contractor, which has financial consequences. In more serious cases, the CSLB will notify the contractor that it has referred the matter to the Attorney General for possible revocation of the contractor’s license. If there are any proposed penalties, you have the chance to engage with the CSLB in an informal conference. If you do not reach an agreement, you have the right to an administrative hearing in front of an administrative law judge.

The outcome of an investigation can be critical to your business. Disciplinary proceedings are publicly available, and you can expect clients to do an online search before they hire you for a job. Any type of public censure or referral for other legal action can be devastating to your professional success.

Reinstatement of License

If you have lost your license you are not locked out of the career of your choice. After a certain amount of time you are eligible to apply to the CSLB again. We love to get our CSLB licensees back at work as soon as possible!

Hire a Contractor’s License Defense Attorney

If you find out that you are the subject of an investigation, you should hire a contractor’s license defense attorney immediately. Your lawyer can interface with the Board. You are entitled to due process, meaning that you have a right to be hard. The Board does not get the final say on disciplinary matters, and you can fight wrongful charges against you. An experienced attorney can also help you negotiate a favorable resolution to any case against you.