How to File a Complaint Against a Contractor in California

Are you dealing with a dispute against a contractor for not showing up, doing a bad job, or breaking a contract? You may want to consider filing a complaint against the contractor with a California state agency or a few other places we’ll discuss below. This article also discusses alternatives to filing a complaint, including sending a demand letter and suing the contractor in a California small claims court.

Need to file a complaint against a contractor outside of California? Review our 50-state guide to contractor complaints.

There are various reasons to file a complaint against a contractor; here are some common examples: 

• The contractor started but never finished the project they were hired to do.

• You were overcharged for the service or replacement parts.

• The contractor did not properly perform the repairs or service. 

• You paid the contractor, but they did not perform the job. 

• Your property was damaged by the contractor while performing the job. 

• The contract or written agreement was broken. 

Before filing a complaint against your contractor, collect all the important documents and information to help strengthen your complaint. 

• Review your contract. By carefully reviewing your contract, you are confirming that you are right and the contractor is in the wrong. Unsure? Consider consulting with an attorney.

• Document All Communication. Keep records of all communications, meetings, and any relevant documentation. Try to have as much information as possible in writing, as this will be part of your evidence, should you need it.

• Photographs and Screenshots. If applicable, take photos or screenshots to document any errors, discrepancies, or issues.

• Check the contractor’s license. Check the DCA website to determine if the contractor is licensed. This will be important if you need to later escalate the problem. 

Start with Informal Communications

Before taking formal action, it’s often worth attempting to resolve the problem directly with the contractor. Try reaching out by calling or texting them to explain the problem and what you hope to achieve. 

If informal communication doesn’t lead to a resolution, consider sending a demand letter to the contractor. A demand letter is a formal letter detailing your requests, such as a refund for incomplete work or poor workmanship. The demand letter also serves as a warning to the contractor that you’re prepared to take legal action if your demands aren’t met. 

Reasons to Send a Demand Letter: 

• Should you later proceed with filing a complaint against a contractor with the California Contractors State Licensing Board (more on this below), you will be able to show proof that you tried to resolve the problem directly with the contractor. 

• A demand letter shows you’re serious about seeking a refund or a solution and willing to take action. 

• Should you end up in court, you can show the judge the demand letter as evidence of your good faith efforts to resolve the problem before legal action. 

The main reason for sending a demand letter is the possibility of avoiding court. Often, a demand letter can lead to a settlement without the need for court, saving everyone time and money.

Here is a video on how our interactive demand letter template works:

If your contractor continues to ignore your requests even after you have tried communicating with them, consider filing a complaint with the California Contractors State License Board (CSLB).

The CSLB is a California government agency that regulates contractors. 

The Contractor's Licensing Board:

• Issues licenses.

• Investigates consumer complaints.

• Enforces the rules that contractors have to follow.

Did you know that the Contractors State Licensing Board publishes guides on hiring a contractor? Here are some key takeaways:

• If a contractor charges $500 or more, they must be licensed.

• Any changes to the contract or change orders "need to be in writing and signed" by both you and the contractor.

Don't forget to always check a contractor's license before getting work done!

What types of complaints does the California Contractors State License Board handle?

The Contractors State License Board handles a broad range of complaints against contractors. Here are some examples:

• When a contractor damages your home.  

• When you hired a contractor to fix something in your home, but they didn't fix it.

• When you paid the contractor, but they didn't perform the work.

Note: the CSLB cautions that "If your primary interest is to recover the money you paid to a contractor, you should consider civil action. If you're considering legal action to recover damages of $12,500 or less, CSLB may provide you with information to help you file a small claims court action.” Learn more in our guide to suing a contractor in a California small claims court. 

How to File a Complaint with the California Contractors State License Board:

1. Click here to print a PDF of the California Contractors State License Board complaint form.

2. Organize any evidence that will help the Contractors State License Board process your complaint against the contractor. For example: contracts, invoices, pictures, and communications.

What to Expect Following Submission of your CSLB complaint

Once you submit your complaint, here is a summary of the steps the Contractors State Licensing Board will take:

1. You will receive written confirmation that the CSLB has received your complaint within 2-3 weeks from when the complaint was filed.

2. CSLB will contact the contractor to encourage them to resolve the complaint with you directly.

3. CSLB may contact you requesting evidence or additional documents.

4. The CSLB may also provide you with information about available free mediation or arbitration between you and the contractor.

5. If there is a violation of the Contractors' State License Law, they may fine the contractor, suspend, or revoke their license.

6. Many times, the CSLB will refer you to a small claims court if your complaint cannot be resolved, depending on their resources.

Note: If you file a complaint against a licensed contractor, the CSLB cannot guarantee that you will get your money back, but it will try to help you.

The CSLB does not have the authority to force an unlicensed contractor to pay you back, but the CSLB can fine them or refer the complaint to the district attorney's office.

Suing a contractor is one of the most common types of lawsuits we see filed in small claims court.

Small claims courts offer a straightforward, affordable way to address issues like breach of contract or nonperformance without complex legal proceedings. 

Some items to consider before filing your lawsuit:

• Do you have strong evidence to support your case? Depending on your case, you may want to consult an attorney for a better understanding of what it will take to win your case. 

• Have you contacted the contractor to try to resolve the issue before filing the lawsuit? 

• Have you researched your contractor to see if there have been other complaints or lawsuits against them for similar issues, as this can reveal a pattern of misconduct.

What types of lawsuits can be filed against contractors in small claims court?

Many types of lawsuits can be filed against contractors; the most common ones are over:

• The final bill that a contractor provides you with.

• Doing a bad job for what you hired the contractor for ("poor workmanship").

• Not finishing the job you hired the contractor to complete.

California Small Claims Court Limits

To be able to file a small claims court lawsuit in California, you are capped at the amount you can sue for, also known as "small claims court limits." Generally, you can sue a contractor for a maximum of $12,500. 

If the contractor owes you more than the amount you can sue for, you can still sue for the maximum amount allowed, but you will need to waive any additional amount over the limit.

Small Claims Court Fees

The amount you will pay to file a small claims lawsuit in California depends on how much you are suing for. You will pay between $30 to $75 to file the lawsuit. If you cannot afford to pay court fees, you can ask the court to waive the fees.  

You can also expect to pay to notify the contractor that you have filed a lawsuit against them, which is called “serving.” While you can have a friend or family member do this for free, you can also hire a process server to serve the lawsuit (around $85- $125). 

If you win, you can request that the contractor pay for your court fees and serving costs.

Frequently Asked Questions

• What are small claims hearings like in California? The hearings are quick and, on average, are 10-15 minutes. 

• How long do small claims cases take? A court usually schedules the hearing no later than 70 days after the lawsuit is filed. 

The Contractors State Licensing Board also publishes a guide for suing a contractor in small claims court. 

Here are some takeaways:

• If you win your lawsuit, the licensing board can help you enforce the small claims judgment if it is "substantially related to the construction activities of the licensed contractor." While they cannot force the contractor to pay, they can suspend the contractor's license until they pay.

• Make sure you have the correct legal entity name for the contractor. For example, is the contractor doing business as an individual, LLC, or corporation? If the contractor is licensed, their legal entity information will come up when you search for their license number on the CSLB website.

• Sometimes, you may also be able to sue the company that issued the contractor's bond. The contractor's bond information will appear when you search for their license number on the CSLB website.

Collecting a Small Claims Court Judgment Against a Licensed Contractor

If you win your small claims lawsuit, the California State Contractors License Board may be able to help you enforce the small claims judgment by suspending the contractor's license until they pay you.

• If you submit a copy of the judge's decision within 90 days from when the court decided your lawsuit, the CSLB will notify the contractor that they have 90 days from when CSLB notifies the contractor to pay the judgment. If the contractor does not pay the judgment, CSLB will suspend their license until they pay you.

• If the judgment is 91 days or older, CSLB will suspend the contractor's license until the judgment is paid.