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Construction Defect Litigation, Claims and the CSLB
Filing a construction defect claim? In certain limited cases, you may be able to get financial help from California’s Contractors State License Board (CSLB), a governmental agency.
The CSLB has been working to protect California consumers by licensing and regulating the state’s construction industry since 1929. It currently licenses 290,000 contractors in 44 different license classifications. The Board’s mission statement is “The Contractors State License Board protects consumers by regulating the construction industry through policies that promote the health, safety, and general welfare of the public in matters relating to construction.”
When a complaint against a contractor is brought to the CSLB, the Board works to settle your complaint. Homeowners, contractors, subcontractors, employees, and public agencies may file complaints. Complaints that the CSLB will follow up on involve failure of a licensed contractor to fulfill terms of an agreement; failures include: poor workmanship, abandonment of a project, building code violations, and lack of reasonable diligence in executing a construction project.
After discovering a construction defect in your home, you must contact the builder before pursing legal action. Under Civil Code 895, builders are given the chance to repair your home prior to legal action.
After you file a complaint with CSLB, the Board needs to determine if it has jurisdiction. The Board has jurisdiction over contractors up to four years from the date of violation and up to 10 years with some structural defects. If the contractor you’re complaining about is unlicensed, the Board cannot require that unlicensed contractor to make repairs but may cite him or her up to $15,000 or give the case to the district attorney.
If the CSLB has jurisdiction over your complaint, it will urge the contractor to resolve the complaint immediately. CSLB will push for a mediation, which will help lower your costs; however, if you’re looking for damages or money back, CSLB may help you file a small claims court action. If you go with a CSLB-sponsored arbitration, it is free and fast (120 days to solve a dispute). This arbitration is binding, and a Superior Court can enforce the arbitration award. If the contractor doesn’t comply, his or her li. You can make a claim with this agency to receive assistance.
Regardless of your insurance or any assistance from the CSLB, your best bet is usually to hire a construction defect lawyer. Construction defect lawyers have experience and successful verdicts of helping clients with construction defect claims. If you have any questions at all, call us immediately! You risk missing the deadline to recover damages!
There are a variety of ways to pay for the costs of litigation, and we can tell you how. One of our attorneys at Naumann Law Firm can give you a free consultation.
To learn more about construction defects, click our construction defect litigation page
If you’re a homeowner, association or builder seeking representation in construction defect litigation, our team at Naumann Law Firm in San Diego can help. We have more than 35 years of experience handling significant construction defect cases. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page. We also work with clients in Los Angeles, Orange County, Riverside, San Bernardino.