Where to File a Complain Again a Bad General Contractor

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Most states require construction contractors to be licensed and bonded. The bond is similar to an insurance contract – if the contractor fails to perform in any way nether the contract, you can file a claim confronting the bail to get the money you're owed. Depending on the reason for the dispute, y'all also may be able to find relief by filing a complaint with your state's licensing board. If you aren't satisfied with the response of the visitor that wrote the bond, you may have to take both the contractor and the surety company to court.^[1]

1. 1

   Identify the surety company that wrote the bond. Typically the proper name and contact information of the surety visitor that wrote a structure contractor's bond volition be listed with your state licensing board.^[2]

   • Typically you tin discover this information on the licensing board's website, but you may need to make a phone call to the licensing board office.
   • You lot'll demand the contractor's license number or the correct legal proper name under which the contractor is licensed to access this data.
   • You should be able to determine the name and basic contact information for the surety company that wrote the bond, as well as the dates through which information technology is constructive.

2. 2

   Confirm the contractor was covered. Yous should exist able to find information about the dates the particular surety visitor covered the contractor. The project the contractor worked on for you must be within those dates.^[3]

   • Compare the dates the projection occurred to the appointment listed for the bail. The project must start and cease within the effective dates of the bail.
   • You likewise may exist able to go ahold of a copy of the bond itself. This won't be available from the licensing board, though – you'll have to become information technology from the contractor or from the surety company itself.
   • Keep in mind that you might run into conflict asking the contractor for a copy of their own bond.
   • Instead, inquire the person in a higher place them – the person to whom the bond runs. If they're a subcontractor, you desire to talk to a general contractor. If they're the general contractor, yous should talk to the belongings owner or the project manager.

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3. 3

   Get together information. You'll need to provide the surety visitor with a detailed description of your claim, including dates, times, and locations where necessary. Y'all also may need supporting documentation or photographic evidence.^[4]

   • About surety companies volition want, at a minimum, a re-create of the contract you signed with the construction contractor for whom they wrote the bond.
   • If you are a subcontractor and your claim is based on nonpayment, y'all may need to provide cancelled checks or banking company statements to bear witness which payments were fabricated.
   • If your claim is based on nonperformance, on the other hand, you lot should include proof in the class of photos or correspondence between you lot and the contractor.

4. 4

   Submit your claim. The method of filing a claim against a construction contractor'southward bond will vary according to your land police every bit well as the policies and procedures of each individual surety company. You lot may be able to discover this information online, or you may have to call.^[5]

   • Don't accost your claim to the surety company representative who wrote the bond. That person typically volition be a member of the sales department, and have nothing to do with claims.
   • Yous need to search for the surety company's claims department and accost your form there. Just telephone call the general number for the surety company and ask where yous should ship a claim.
   • If the surety company doesn't accept a grade to complete, you'll have to write a alphabetic character and send it to the claims department. Brand certain the claim includes your name and contact information, the name and contact information for the construction contractor, and a detailed description of the incident that gave ascent to your claim.

5. five

   Expect for a response. Once your claim is received, the surety company will investigate your claim and send you a response, typically within a few weeks. The type of remedy offered will depend on the reason for your claim and the contractor'due south response to your merits.^[6]

   • The surety typically will conduct an investigation of the claim to determine its options. This may include communicating with the construction contractor.
   • Generally, the surety volition not take action without getting input from the construction contractor. The contractor should be aware of the merits against the bond, and in nearly cases they are given an opportunity to correct the problem on their ain before the surety visitor takes action.
   • If the contractor owes y'all money and won't pay, the surety company may write you lot a check for the total. The contractor volition then owe the money to the surety.
   • In cases of nonperformance, the surety company may provide another contractor to complete the work every bit set forth in the original contract.

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1. ane

   Find your state'southward licensing lath. Each land has a licensing agency or board that is responsible for licensing structure contractors. You tin search for the board online to find a website that provides information about the state board and the location of a field part near you.^{[seven] [8] [9]}

   • Once on the website, locate the complaint information page. You'll find information nigh the types of complaints you can file and the process for doing so.
   • Keep in mind that not all issues you lot accept with a contractor will be licensing violations. Licensing complaints may simply be advisable for item types of operation or payment disputes.
   • Y'all'll also find out what the deadlines are for filing a complaint. Typically there will exist a borderline of a few months or a year from the date the incident took place that is the subject matter of the complaint.
   • Filing a complaint does non hateful that the licensing lath will file a merits against the contractor'south bond on your behalf. You'll accept to do that yourself. You may file your claim against the contractor's bond at the same time, or earlier, y'all file your complaint to the licensing board.

2. 2

   Fill out a complaint class. The licensing lath will have a complaint form you must complete that details data about y'all, the contractor, and the field of study matter of the complaint. You lot may be able to download this form from the licensing board'due south website, or yous may need to visit the local licensing role.^{[x] [11] [12]}

   • Your complaint form must include your name and contact information, as well equally the name and contact information of the construction contractor.
   • If you've already filed a claim against the contractor'due south bail, you should land this somewhere on your complaint to the licensing lath. The licensing lath may want to contact or work in tandem with the surety company.
   • Every bit with the surety claim, the complaint must provide a detailed description of the incident that gave rise to your complaint. However, your goal may exist dissimilar depending on the item licensing violation committed.
   • A default on the responsibilities of a construction contract usually constitutes a licensing violation as well. All the same, this is not always the case.
   • If yous're unsure whether the incident constitutes a licensing violation, you may want to call and speak to someone who works at the licensing board.

3. 3

   Submit your complaint form. Once you lot've completed your complaint form and signed it, you'll need to send it in to your local licensing board role forth with any supporting documents. In some locations, y'all may exist able to fill up out and submit the form online. However, you'll still demand to mail copies of supporting documents such as the contract.^{[13] [xiv]}

   • At a minimum, you'll need to include a copy of the construction contract. Other documents may be necessary to back up the facts you lot ready forth in your description.
   • You may desire to send to the licensing board the same information and documentation that you sent to the surety company.

4. iv

   Cooperate with whatsoever investigation. One time your complaint is received by the licensing lath, it typically will exist assigned to an agent who will contact the contractor and investigate your complaint. The agent also may contact you for more than information.^{[15] [xvi]}

   • After speaking to the contractor, the agent may contact you and ask additional questions regarding the incident you described in your complaint.
   • If your complaint deals with nonperformance of the contract, the amanuensis may want to visit the construction site to better understand what was and wasn't washed.

5. 5

   Effort arbitration or arbitration. Nearly licensing boards apply some form of alternate dispute resolution to resolve complaints filed with them. The class of dispute resolution recommended or required varies profoundly amidst states.^[17]

   • Mediation is voluntary, pregnant both you and the contractor must concur to participate. During mediation, a neutral third-party will try to negotiate a resolution to the problem betwixt you and the contractor.
   • Arbitration may be voluntary or mandatory. However, even if y'all appoint in voluntary arbitration, y'all typically have no option over the effect once you agree to the process.
   • In arbitration, a neutral arbitrator (typically a judge or retired construction police chaser) hears from both sides, similar to a courtroom hearing, and so makes a decision which is binding on all parties.
   • If you are unable to reach a decision through mediation or arbitration with the licensing board, and yous are dissatisfied with the response of the surety visitor to your merits, you may take to file a lawsuit to resolve your trouble.

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1. i

   Locate the correct court. Typically you lot'll want to use the small claims court in the canton where the project took place. Check the court's website or call the court's clerk to observe out what the claim limits are in your area.^{[18] [19]}

   • Minor claims courts but provide monetary damages upwards to a sure corporeality. This limit varies from state to country. It may be as high every bit $10,000, but usually it'south less.
   • If the construction project isn't completed and y'all want to enforce the contract by having the contractor complete the work, pocket-size claims court won't work for you lot. This too is truthful if your damages are higher than the small claims limit.
   • Pocket-size claims courts are designed so you can handle your merits yourself. However, you should consult an chaser if you're contemplating a lawsuit against a contractor and their surety company that must be filed in state courtroom rather than small claims.

2. two

   Fill out the necessary claim forms. Each small claims court has fill up-in-the-blank forms for you to complete if you want to initiate a small claims case. Typically yous'll take to become to the clerk's office to get copies of these forms.^{[20] [21]}

   • Some courts also take the forms available online. You can download them and either type your answers directly on the form or print them out and handwrite your answers.
   • If the forms come with instructions, read them carefully before you start filling out the forms.
   • The forms are typically fairly self-explanatory, request data about yourself, the person you lot're suing, and the reason y'all're suing them.
   • Remember that you tin can only sue in minor claims courtroom for coin – not performance. If you want to become a court order for the contractor to complete a projection, you'll have to use a regular state court.

3. 3

   File your claim. Once yous've filled out your forms, brand at to the lowest degree 3 copies of the forms themselves along with whatever supporting documentation such equally the construction contract. Take both your original forms and your copies to the clerk's role.^[22]

   • You'll take to pay a filing fee to the clerk, typically $100 or less. Courts do have fee waivers for indigent litigants, but these waivers may not be available for small claims cases.
   • Yous may want to call the clerk's function ahead of time to notice out the exact corporeality of the filing fee and what forms of payment are accepted. You also may be able to find out this data on the court's website.
   • The clerk will stamp your originals and copies, and give the copies back to you lot. One copy is for your records. The other two copies are for the structure contractor and the surety company that wrote their bond.

4. 4

   Have the contractor and surety company served. After your claim is filed, you must have the form manus-delivered to both the contractor and the surety company and then they take legal detect of the merits you've filed confronting them.^{[23] [24]}

   • You cannot serve the forms yourself. This must be done past someone over the age of 18 who has no interest or interest in the instance.
   • Often people choose to pay a small fee to the sheriff's department to take a sheriff'southward deputy complete service. This way you lot know information technology's been done correctly.
   • You'll need the name and address of the surety company's agent for service. You lot'll need the same information for the construction contractor if they have incorporated their business.

5. 5

   Receive whatever written response. When the contractor and the surety company receive the claim, they typically take a cursory period of time to file a written answer. Dissimilar in land courts, written answers are optional in some small claims courts.^[25]

   • If a written answer is required, yous can await it to exist served on y'all in the aforementioned way you lot served your claim.
   • In one case yous have all this information together, you may want to consult an chaser well-nigh your instance. You typically aren't immune to be represented by an attorney in small-scale claims court, only they can provide you lot assistance in preparing for your hearing.
   • The contractor or the surety company may take various defenses to your claims. If they provide a written reply, this can requite you fourth dimension to evaluate those defenses and make up one's mind what you lot can say in response.
   • Spend the fourth dimension before the hearing getting your paperwork together. You will need your copies of all the papers you filed with the courtroom, as well as a copy of the contract and any other evidence, such every bit photographs, that you wish to show the judge.

6. 6

   Attend your hearing. On the date your hearing is scheduled, you must prove up in modest claims court if you want the judge to hear your claim. If you're late or neglect to appear at the hearing, the court typically will dismiss your claim.^[26]

   • Small claims courts hearings typically are less formal than regular courtroom hearings, simply effort to dress professionally and conservatively. Treat the judge and there court officers with respect.
   • Depending on the size of the courthouse, you probably want to show up about a half 60 minutes early on so you lot have fourth dimension to get through security and observe the right courtroom.
   • The judge will be hearing several cases in ane day, then take a seat in the gallery until your case is called. This gives yous an opportunity to discover the process in other cases (unless, of form, you're called first).
   • Move to the forepart of the courtroom when the judge calls your example. Since information technology's your claim, the judge will desire to hear from y'all first. You lot may take to requite a small summary of your claim, or the estimate may ask you questions.
   • Subsequently hearing from the contractor or surety company, the estimate will make his or her ruling on your claim. Although the judge typically will make a determination from the bench, it may take a 24-hour interval or two for yous to get the written social club.

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Article Summary X

About states require construction contractors to be bonded, which is a type of insurance. If your contractor breaks your contract, yous can file a claim against their bond. If you're non sure which surety company your contractor is bonded with, check your land's licensing lath website. The surety company may have a merits form for you to fill up out, simply if not, yous tin can write a letter of the alphabet to their claims department. You'll demand a re-create of your contract and whatsoever evidence of their failure to meet the terms, such every bit emails, cancelled checks, or bank statements. Alternatively, file a complaint directly with your state'due south licensing board. They will acquit an investigation and may endeavor to resolve the situation through mediation or arbitration. For more than tips from our Legal co-author, including how to have a construction contractor to a small claims courtroom, read on!

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