Receiving complaints from clients happens in all businesses, including construction. Sometimes, it’s just a comment from a hard-to-please customer. Other times, it’s helpful feedback that can make your business better.
However, receiving a licensing complaint can be serious. This formal allegation can claim that you have violated state regulations or have not met professional standards, which can put your business, reputation and your license to work at risk. As a contractor, handling these complaints carefully is important.
Understand the complaint
If you receive a complaint, start by carefully reading all the claims. It’s crucial to remain calm and approach the situation professionally. Common complaints may include:
- Performing work that required a specific license you don’t have;
- Starting or completing work without obtaining the necessary permits from local authorities;
- Doing work that does not meet industry standards or violates established building codes.
These complaints can be complicated, so it might be helpful to have legal counsel when interpreting the document and its implications.
Responding to the complaint is crucial
The Florida Department of Business and Professional Regulation (DBPR) typically provides deadlines in the initial complaint notice. If the DBPR launches an investigation, you will have 20 days to respond. It’s important to note that they keep the complaint and all investigation information confidential for ten days after they find probable cause or if you waive your right to confidentiality.
The consequences of not responding can be severe since you could face punishment based solely on the complaint’s allegations. Potential consequences vary widely, from monetary penalties and probationary periods, to temporary or even permanent license revocation. That is why a timely and thorough response is crucial. The DBPR may dismiss a complaint if your response proves no violation has occurred. For minor violations, they may only issue a notice of noncompliance.
Document your case
Collect important documents for your case, such as contracts, change orders, inspection reports, and messages with clients. When preparing your response, it may be wise to include:
- Address each allegation individually;
- Provide a factual rebuttal for each claim;
- Include any mitigating factors.
You should also outline steps you have taken to resolve acknowledged issues and provide photos or videos showcasing work quality and progress. An attorney can guide you through this process and help strengthen your defense.
Protect your business and reputation
Facing a licensing complaint can be overwhelming, but know that you have legal options available. A construction law attorney can help you better understand the legal requirements and develop a strong defense strategy.
This Blog does not constitute legal advice and is not a substitute for competent legal advice from an attorney licensed to practice in your state. The Blog is for educational purposes only and does not create an attorney-client relationship with Magaziner Law, P.A. or any of its attorneys. Any links from another site to the Blog are beyond the control of Magaziner Law, P.A. and do not convey its approval, support, or any relationship to that site or related organization.