k25.gif (1049 bytes)Warning Signs

Some warning signs of possible trouble ahead are the following:

  • You can't verify the name, address and telephone number or credentials of the contractor.
  • The salesperson tries to pressure you into signing a contract by using scare tactics, intimidation or threats. (Remember, you usually have three days to cancel a contract.)
  • The company or salesperson says your home will be used for advertising purposes (as a model job, or show-house, or by display of their sign), and that you will be given a special low price.
  • The contractor tells you this is a special price available only if you sign the contract today.
  • The contractor doesn't comply with your request for references, or the references have some reservations about the contractor's work.
  • You are unable to verify that the contractor is licensed, insured, and/or bonded when required.
  • You are asked to pay for the entire job in advance, or to pay cash to a salesperson instead of by check, or money order to the company itself.
  • You are asked to sign a completion certificate for the job by appeal, threat, or trick, before the job is properly completed.

The best way to avoid problems is to follow the steps outlined in this booklet and cover all details about the job in your contract.

What if problems occur?

k26.gif (1348 bytes)In spite of all the precautions you have taken, problems will sometimes occur with the work that was done on your home. If problems do occur, either during construction or afterward, contact your contractor. Usually he or she will make corrections willingly.

Be sure to address all problems or complaints directly to the contractor in writing so that you both have a record. Should the contractor refuse to make corrections, you can file a complaint in writing with your local Contractors State License Board office and your local building Department. If necessary, consult an attorney.

What happens to a consumer complaint?

Every complaint filed with the CSLB against a licensed contractor is logged, reviewed, and assigned to a staff person for handling, based on the nature of the complaint as described in the complaint form. The Board's complaint/investigation procedures are design to resolve problems between contractors and their clients - including, where appropriate, legal actions against anyone in violation of the law. In most cases CSLB staff will attempt to negotiate (mediate) a settlement as soon as possible. If staff is unable to arrive at a settlement, the board may take legal action, but there is no assurance that action will result in restitution. Depending on the circumstances, the complaint may be referred to one of the board's arbitration programs (see page 24). This chart shows the board's general complaint-handling process. The process may vary depending on the circumstances.

 

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Complaints within the Board's jurisdiction involve failure of a licensed contractor to fulfill the terms of an agreement, including poor workmanship; requiring a down payment in excess of 10 percent of the contract price or $1000, whichever is less,   abandonment; failure to pay subcontractors, material suppliers or employees; building code violations; use of false, misleading or deceptive advertising; violations of the Home Improvement Act, and violations of the Swimming Pool Act.

 

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