Successful Defense of a Contractor Against the CSLB
Plumtree & Associates LLP is proud to announce that attorneys Maria Plumtree & Nick Brunner successfully defended a licensed contractor corporation against the California Contractors State License Board (CSLB) in an administrative hearing (Accusation) wherein the CSLB, represented by the Attorney General, sought:
- A complete revocation of the contractor’s license,
- Restitution of over $100,000,
- Investigator costs in the amount of $61,636.94, and
- Disciplinary action against both officers and non-officer employees of the contractor corporation.
California Contractors State License Board (CSLB)
The CSLB alleged 24 disciplinary causes of action arising out of three separate construction projects. These disciplinary causes of action included:
- Failure to Exercise Direct Supervision
- Misrepresentation to Obtain Contract
- Failure to Identify Personnel of Record
- Liability for Actions of Undisclosed Officer/Undisclosed Salesperson
- Failure to Perform Work Within Trade Standard
- Failure to Complete Project for Stated Price
- Procuring a Contract Through Misrepresentation
- Causes for Discipline against Qualifier
- Violations of the Home Improvement Contract Form
- Procuring a Contract with an Unregistered Salesperson
The administrative hearing lasted over 12 days. The CSLB presented 7 witnesses, which included homeowners, an industry expert, and a special investigator. Maria Plumtree & Nick Brunner put on a strong defense with their own witnesses, which included a private construction expert and a licensed inspector.
The contractor conceded minor violations which were not in dispute at the hearing.
Contractors License Not Revoked
Ultimately, the Administrative Law Judge dismissed all the disciplinary causes of action against the contractor except for four minor violations which were not in dispute. These violations were for (1) not having a proper home improvement contract and (2) not registering a salesperson as associated with the contractor at the start of a project. Thus, the CSLB failed to establish violations for any of the causes for discipline which were in dispute.
The Administrative Law Judge further ruled that contractor’s license was not to be revoked, suspended, or even placed on probation. The only discipline taken against the contractor was the publishing of an opinion stating that the CSLB only established four out of 24 alleged violations. The contractor is free to continue working without any restrictions.
