Costa Mesa Contractor Licensing & CSLB Defense Lawyer

Costa Mesa Contractor Licensing & CSLB Defense Attorney

Operating a construction business in California requires organization and adherence to state regulations. Even the most well-intentioned contractors can get caught up in legal trouble when a client complaint or CSLB investigation lands on their doorstep. Whether you are being accused of breaching a contract or engaging in unlicensed work, a Costa Mesa contractor licensing & CSLB defense lawyer can help you in the legal process.

About Engels-Janzen

At Engels-Janzen, we represent contractors, builders, and construction industry professionals throughout Orange County who are under investigation by, facing disciplinary action from, or having licensing issues with the CSLB. We know CSLB defense and contractor licensing & CSLB defense laws inside and out, and we know how to craft effective strategies that protect your license and your future.

We serve clients in Costa Mesa and across Orange County, and throughout California, including cases at the Orange County Superior Court – Harbor Justice Center, just over the bridge in Newport Beach.

Understanding Contractor Licensing Laws

Any construction project in California that costs $500 or more in labor and materials needs to have a current CSLB license. Additionally, contractors need to make sure that their business name, ownership information, and classifications are properly registered under California Business & Professions Code §7000–§7191. In addition to enforcing these rules, the CSLB looks into complaints from clients, homeowners, and other contractors.

When a contractor is in violation of these laws, they are at risk of losing their license and facing additional penalties. In some serious cases, they may also face criminal penalties, such as in cases of intentional fraud. Some common violations include:

• Operating without a current or valid license
• Misuse of the classification of licenses
• Taking excessive down payments (more than $1,000 or 10%)
• Not obtaining building permits
• Poor quality work or project abandonment

According to the CSLB 2024 Accomplishments and Activities Report, there are 285,120 licensed contractors statewide. Additionally, there were 116,137 online renewals and 48 maintained licensing exams.

What to Do When You Receive a CSLB Complaint

Although receiving a CSLB complaint can be upsetting, the way you handle the situation could affect how your case turns out. The first step is to carefully review the complaint to understand the specific allegations and the projects involved. As this evidence frequently serves as the cornerstone of your defense, collect all pertinent documents, such as contracts, invoices, permits, emails, and photographs.

Refrain from speaking with the complainant directly because misrepresentations or misunderstandings could undermine your case. You run the risk of default judgments or license suspension if you don’t reply by the CSLB deadline. Speaking with a knowledgeable Costa Mesa contractor licensing & CSLB defense attorney right away ensures that your response is precise, safeguarding your license and the reputation of your company.

The Citation Appeals Process

Contractors have the right to appeal if the CSLB issues a citation after an investigation, but the procedure is very intricate and time-sensitive. An order of correction, a civil fine, or both are frequently included in citations, and contractors usually have just 15 days from the date of service to submit a written appeal.

Both the contractor and CSLB present evidence, witnesses, and testimony at the administrative hearing before an Administrative Law Judge at the Office of Administrative Hearings following the filing of an appeal.

The CSLB Registrar receives a proposed decision from the ALJ and has the option to accept, amend, or reject it. Additional judicial review may be sought in the Orange County Superior Court if the result is unfavorable.

Hire a Contractor Licensing & CSLB Defense Lawyer

If your contractor’s license is in jeopardy, it is wise to hire a contractor licensing & CSLB defense lawyer. Dealing with CSLB investigations, citations, and administrative hearings is no easy task. You will need a Costa Mesa contractor licensing & CSLB defense attorney who understands contractor licensing cases and local procedures of the Orange County Superior Court – Harbor Justice Center.

A seasoned lawyer can answer the complaint, challenge the evidence, negotiate a settlement, and advocate for you at the hearing or on appeal. Not only can a lawyer defend you, but he or she can also offer advice and guidance to help you avoid similar problems in the future, protect your license, and reputation.

FAQs

Can a Contractor Be Criminally Charged in California?

Yes. A contractor can be criminally prosecuted for unlicensed contracting, fraud, or willful misrepresentation. California law makes it a misdemeanor for a contractor to work without a valid license, and the penalty is a fine of up to $5,000 and/or imprisonment in county jail for a period not to exceed six months. Multiple convictions and intentional fraud can result in more severe criminal penalties, including the possibility of a felony charge.

What Is the Section 7019 Contractors License Law?

Business & Professions Code §7019 is a law that applies to contractors, stating that they need to keep records of employees, subcontractors, and license classifications. The law also states that contractors have to operate under their license number and in accordance with CSLB laws. Any person who violates the code stated in §7019 is subject to citations, fines, or disciplinary actions.

What Is the Statute of Limitations for CSLB?

In the majority of cases where a contractor has a complaint against them, CSLB has a four-year time frame from the date of the violation to open a disciplinary case. Structural defects may be subject to a ten-year limitation if they are latent or concealed. It is always most beneficial to act quickly, as delay may limit available remedies, impact appeals, or leave the contractor open to license suspension and fines.

Can a Contractor Go to Jail for Not Finishing a Job?

Yes, if the contractor willfully deserts a job or takes money without working, it may be a fraud or unlicensed contracting violation under California law. If so, it is a misdemeanor punishable by a fine and/or jail time. Many will be handled administratively through CSLB enforcement actions, but the most egregious or repeat cases can lead to criminal prosecution.

Contact Engels-Janzen Today

Engels-Janzen understands contractor licensing laws and can help you if you are facing accusations or citations that put your license and reputation in danger. Contact us today to get started.