As Brandon construction attorneys, we often place a lot of emphasis on how contractors can defend against licensing complaints with the Department of Business and Professional Regulations (DBPR), but very little discussion is focused on how to file a complaint. All Florida contractors are well aware that unlicensed contractors performing substandard work can affect the reputation of the construction industry as a whole. With this in mind, there may be times when it is necessary for a contractor to file a complaint against a contractor who is not upholding the sanctity of their profession.
Our construction lawyers in Brandon have outlined some important information regarding the types of complaints, the steps for filing, and how those complaints are then reviewed by DBPR.
Types of Complaints
There are two types of complaints that can be brought against an individual or entity. A contractor can file a complaint against another licensed contractor, who has violated provisions of their license, or one can be brought against an unlicensed contractor, who is performing services illegally.
Steps to File
The process for filing a complaint often varies between industries. Some are filed through DBPR using the universal form, DBPR 0070, while others, like a complaint against an engineer, must be submitted using a specific form and then delivered to the Florida Board of Professional Engineers.
To see which complaint form should be utilized, visit the industry list located on the DBPR website.
In order for a complaint to be investigated, information should be both accurate and complete, including the name and license number of the subject of the complaint and specific details of the alleged violation. Once the complaint has been received, it will undergo an initial review for accuracy. Additional information may also be gathered during this time. After the initial review is complete, a second evaluation will be done to ensure sufficient “probable cause” that a violation has occurred.
If the complaint holds up, it will be sent to the governing trade board or office, and an informal or formal hearing will be scheduled with the contractor.
The entire process is often lengthy, so keep in mind that a complaint is not a substitute for other legal action. If you are a contractor and an unlicensed contractor is responsible for damages to your jobsite or customer’s property, you may be entitled to seek relief through civil processes such as breach of contract.
To schedule a consultation to speak an attorney from Trent Cotney, P. A., please call us today at 813.579.3278 or fill out our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.