Title 5
Businesses and Professions

Chapter 65
Contractors’ Registration and Licensing Board

§ 5-65-12. Procedure for making a complaint against a contractor — Investigation by board — Disciplinary action.

(a) Any person having a complaint against a contractor of the type referred to in § 5-65-11, may file with the board a statement of the complaint in a form and with any fee that the board prescribes. Complaints resolved prior to issuance of an order may be removed from the contractors’ registration board record pursuant to administrative regulations.

(1) All complaints filed with the contractors’ registration board shall be processed by the office or the board for purposes of determining any violations as described in this chapter. In the event a complainant or contractor files a civil action with respect to the matter, the board may discontinue processing the complaint; provided, however, that nothing herein shall preclude the board or office from continuing investigation and enforcement proceedings with respect to any violations of this chapter or the regulations promulgated thereunder.

(2) The commencement of a civil or criminal action and/or issuance of a court judgment may constitute the basis for regulatory action against a contractor’s registration, which may result in the imposition of fines and penalties. A petition to enforce a mechanic’s lien does not necessarily constitute a civil action for purposes of this section.

(b) The board may refuse to accept, or refuse at any time to continue processing a complaint or determine to hold a complaint in abeyance, if:

(1) The same facts and issues involved in the complaint have been submitted to any other entity authorized by law or the parties to effect a resolution and/or settlement;

(2) The complainant does not permit the contractor against whom the complaint is filed to be present at any inspection made by the board;

(3) The board determines that the contractor against whom the complaint is filed is capable of complying with any recommendations made by the board relative to the complaint, but the complainant does not permit the contractor to comply with the recommendations. The board may refuse to continue processing a complaint under this paragraph only if the contractor was registered at the time the work was first performed and is registered at the time the board makes its recommendations; or

(4) The board or office determines that the nature, complexity, or amount in controversy of the complaint is such that a court is the appropriate forum for the adjudication of the complaint.

(c) The board shall not process a complaint unless it is filed in a timely manner as follows:

(1) If the owner of a new structure files the complaint, the board must receive the complaint not later than one year after the date the structure was first occupied as determined from the date of issuance of the certificate of occupancy, or one year after the date of the closing on the structure, whichever occurs later.

(2) If the owner of an existing structure files the complaint, the board must receive the complaint not later than one year after the date the work was substantially completed as determined by the certificate of occupancy, or the date that work ceased.

(3) Regardless of whether the complaint involves a new or existing structure, if the owner files the complaint because the contractor failed to begin the work pursuant to a written contract, the board must receive the complaint not later than one year after the date the parties entered into a written contract.

(4) Regardless of whether the complaint involves a new or existing structure, if the owner files a complaint because the contractor failed to substantially complete the work, the board must receive the complaint not later than one year after the date the contractor ceased work on the structure.

(5) If a registered general contractor files a complaint against a registered subcontractor because the subcontractor failed to substantially complete the work, the board must receive the complaint not later than one year after the date the subcontractor ceased to work on the structure.

(6) If a material or equipment supplier, an employee, or a registered subcontractor files the complaint, the board must receive the complaint not later than one year after the date the registrant incurred the indebtedness.

(7) The complainant will notify the board if after submission of the complaint, any corrective work is performed to resolve the complaint. Any corrective work performed to resolve a complaint shall be the responsibility of the contractor for one year beyond the completion date but only for corrective work performed.

(d) Upon acceptance of the complaint, the board shall give notice to the party against whom the complaint is made and shall initiate proceedings to determine the validity of the complaint. If, after investigation, the board determines that a violation of this chapter or of any rule promulgated under this chapter has occurred, the board shall take any action deemed appropriate, including action on the contractor’s registration and/or imposition of fines pursuant to § 5-65-10; provided, that the board shall suspend for a period of one year the certification of any registrant who is found by final determination to have willfully and knowingly violated any provisions of this chapter with respect to three (3) or more structures within a one-year period.

(e)  [Deleted by P.L. 2022, ch. 251, § 1 and P.L. 2022, ch. 252, § 1.]

(f) Notwithstanding any language limiting an action pursuant to this chapter, whenever a consumer shall notify, in writing, a contractor of any problem with work performed by a contractor or subcontractor within one year of the completion of the work and the problem has not been corrected by the contractor or subcontractor, the aggrieved party shall have up to one year from the date of completion of the contractor’s work to file a complaint with the board. The one-year period shall not be construed as an extension of any one-year warranty period expressed in any contract.