Becoming a licensed contractor in Oakland is a long and expensive process. However, it is gratifying, as you can earn enough money to cater to your own needs and those of your loved ones. You need at least four years of experience, which you can prove by passing your exams to become licensed. You must also pay the required fee and meet other requirements set by the California Contractors State License Board. Unfortunately, this qualification does not protect your license if an allegation of misconduct, unprofessionalism, or negligence is filed against you. The state licensing board can suspend or revoke your license, leaving you without a means of earning a living.
We can help defend against any allegations against you at Oakland License Attorney. Our skilled and experienced license attorneys will also protect your license and help you navigate all administrative processes successfully.
Your Important Role as a Licensed Contractor
If you are a licensed contractor, you are the person companies or individuals hire to perform specific tasks under a contract. You can be hired to coordinate workers, manage projects from start to finish, handle schedules and budgets, obtain permits, and ensure compliance with specific regulations. You perform all these duties while keeping your client informed and advising them on the necessary safety standards and the actions they must take to maintain them. Typically, you are the central point for delivering projects such as managing IT projects, building houses, or providing special services. When hired, you worked independently from your client’s other employees.
If you are a general contractor, you are responsible for overseeing the project. You can hire other contractors to help you with various tasks. As a general contractor, you oversee the entire project while simultaneously managing the multiple projects being handled by different contractors. You work with planners and the executioners. You also ensure that all the tasks within the project you are handling meet the client’s specifications and safety regulations.
You also coordinate by hiring contractors and managers, and you schedule subcontractors like plumbers, electricians, and suppliers. The kind of subcontractors you work with depends on the type of project you are handling. You also handle communication with your client, ensuring they are well-informed about the project’s progress. If there are issues that your client needs to address, you let them know on time and provide guidelines according to your expertise.
As a contractor or contractor general, you work very closely with your clients and the general public. You are also responsible for providing the resources needed to complete the projects assigned to you. In your course of work, you may encounter problems with the law, your client, or the public. These problems can result in allegations and claims that put your reputation and license at risk. For example, if you are accused of fraud, criminal behaviour, incompetence, or negligence, you risk losing a career that has cost you a lot to build.
It is advisable to engage a skilled license attorney immediately after learning about allegations against you. The Contractors State License Board may take the allegation seriously and take disciplinary action against you. Most of the disciplinary actions the board uses affect your license, reputation, or career. An attorney will consider your options, fight the allegation, or negotiate for a more favorable disciplinary action to safeguard your career.
The Mission of The California Contractors State License Board
Many contractors and general contractors believe that the board exists mainly to license qualified contractors to serve Californians. While this is partly true, it is not the board’s primary mandate. The board restricts licensing for trained professionals to ensure that only qualified ones are given authorization to offer legal services within the state. It does all this to protect the public from physical, financial, mental, and emotional harm. When an incompetent contractor is issued a license, they may create a mess that may put their clients or the general public at risk of physical or financial harm.
Therefore, the board primarily exists to serve the public interest. It will issue you a license if you meet the set criteria, and it can suspend or revoke the license if you demonstrate incompetence or negligence. The board will not allow you to continue offering your services if you will likely cause harm to your clients or the public. That is why immediate action is taken if an allegation is filed against a licensed professional.
However, the board does not act on all allegations it receives from the public. It considers the substantiality of a claim before taking action. If the allegation is unfounded, the board will dismiss it even without letting you know about it. If, on the other hand, the allegation is serious, the board may investigate it to obtain more evidence against you. Then, it will take action, according to the severity of the allegation and your record of performance.
Here are examples of allegations that the board may act upon:
- If you are accused of working without a contract or violating the terms of a contract
- If you unlawfully take or ask for deposits before working on a project
- You fail to measure up to the trade standards of your work
- You hire or supervise unlicensed workers
- You abuse or use alcohol or drugs while on the job
- If you engage in fraud, whether insurance or real estate fraud
- You engage in crime or have a criminal record that possibly affects your qualifications or duties as a contractor
- You are under the investigation of another licensing agency within or outside of California
Actions the Contractors State License Board Can Take Against You
The public is free to file allegations with the board regarding criminal or professional misconduct by a licensed contractor. As a result, the board receives a wide range of accusations, from minor to severe. The action the board takes after receiving an allegation depends on its nature. It investigates some, but not all, complaints.
The board can dismiss a complaint against you if it is unfounded, does not have sufficient evidence, or the allegation is beyond the board’s mandate. In this case, you will not hear about it. The board will also not take action if there is proof that you have resolved the issue with the other party. For example, if it is an alleged agreement between you and your client, and you resolve the matter, the board will not take any action against you.
However, it will investigate a serious allegation that poses a risk to the public of financial, physical, or emotional harm. For example, if you are accused of incompetence or criminal behavior, the board must take action before anyone suffers damage as a result of your actions. In this case, the board will notify you of its intention to pursue the matter and the pending investigation against you. It will also give you a date on which you must appear before an administrative judge for a hearing.
When the board decides to pursue an allegation against you, prepare yourself to defend your license or career, as they are usually at risk. Considering how hard you have worked to acquire your skills and obtain a professional license, you must prepare well for defense. You can achieve this by first hiring a competent license defense attorney and developing a defense strategy that yields a favorable outcome. The kind of defense strategy you plan will also depend on the type of allegation you face and possible disciplinary action by the board.
Here are some disciplinary actions the board can take against you, and how your attorney can help:
A Citation
If you are accused of a criminal act, the board may issue you a citation, requiring you to appear in court and to pay a particular amount of money as a fine. This type of disciplinary action does not affect your contractor license at all. Once you have paid the fine, you can continue providing your services as if the incident had never occurred.
However, such citations are usually issued in public, through the board’s website. This means that anyone can find the citation against you and know that it was due to professional or criminal misconduct. If your current or potential client does this discovery, you could lose a chance to serve them. It can also damage your reputation, which is detrimental to your future business.
An experienced attorney can foresee this kind of damage to your reputation beforehand and fight the citation during the hearing to protect your reputation.
A Warning Letter
Sometimes the board uses warning letters to caution contractors and general contractors against unprofessionalism and professional misconduct. It may use this disciplinary action against you if the allegation against you is minor. Fortunately, a warning letter does not directly affect your career or professional license. However, it may damage your reputation and prospects, as it is typically issued publicly.
Your attorney can also fight this before the board takes action to protect the name you have already established in the industry. They can use mitigating factors, like your clean record of performance, to convince the board to reconsider the public warning.
License Probation
Sometimes the board puts your license on probation during the investigation process to protect the public. While on probation, your actions are closely scrutinized. You are also given strict conditions by which you must abide. If you violate any of the conditions, the board can suspend or revoke your license.
If your license probation is longer than necessary, your attorney can negotiate for a favorable period. If the board sets stringent probation conditions, your attorney can negotiate for leniency on your behalf.
Suspension or Revocation of Your Professional License
Serious allegations against licensed contractors can result in the suspension or revocation of their licenses. This will affect your career and livelihood, leaving you without a means of earning a living. It may also mark an end to a career you chose and built over the years.
The board can suspend or revoke your license if you pose a risk to the public of physical or financial harm. For example, if you use unsafe practices that put people at risk of bodily injuries or death, the board can revoke your license. Remember that the board’s primary mandate is to the public. If your actions put people at risk of harm, the disciplinary action may not be lenient.
Suspension of a professional license is usually temporary. The board can choose this discipline if you correct your behavior and start offering safe services again. For example, if you lack particular skills and have already taken the necessary steps to acquire them, the board can suspend your license for some time to allow you to develop those skills. Then, you can reinstate your license and continue serving the public.
However, if you are criminally or grossly negligent, and people lost their lives or sustained severe injuries, the board may cancel your license altogether. This means that you will lose your career and livelihood, and must start all over again from scratch.
A skilled attorney will develop a solid defense against your allegations or possible discipline to protect your license and career. For example, they can introduce mitigating factors to persuade the board to allow you to retain your license. They may also use evidence to demonstrate how remorseful you are and your willingness to correct your behavior and attitude if given another chance.
Your attorney will also defend your rights and call expert witnesses to ensure that your best interests are considered during the hearing.
Find an Outstanding License Attorney Near Me
If you are a holder of a contractor or general contractor license in Oakland, and face disciplinary action by the State Contractors License Board, you need the help of a remarkable license attorney. A disciplinary action by the board may ruin your reputation, license, and career. It may take away a career that has taken so much of your money, effort, and dedication to build.
At Oakland License Attorney, we know how devastating it may feel when someone files an allegation that puts your entire career at risk. We can utilize our best defense strategies to advocate for the most favorable outcome in your case. Call us at 510-250-4709 to learn more.
