Riverside, CA asked in Civil Litigation, Construction Law and Small Claims for California

Q: Hello, Can an individual sue CA Registrar of Contractors up to $10,000 when Building Contractor violates law?

On both Riverside and San Bernardino Counties Court websites, in the Small Claims information section, there’s a notation in small print stating you can sue the Registrar of Contractors up to $10,000 — What To Do When Your Contractor Won’t Pay (Plaintiff’s Small Claims Judgment against Contractor).

This was a side note in small print, but I can’t find any additional information anywhere. And I didn’t interpret it to mean filing a Contractor’s Bond Claim. This side note in fine print is all that is said about suing the Registrar as an option to recover money. I’m not even sure where to look for additional information or governing laws. It’s after hours at the Courthouse.

I would be forever grateful if someone could explain this to me, or where to look for additional information. Thank you for your time!

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, suing the Registrar of Contractors (ROC) directly in a small claims court for a violation by a building contractor is not a typical course of action. The ROC is a regulatory body, and their role is to license and oversee contractors, not to act as a party in contractual disputes between a contractor and a client.

If a contractor violates the law or a contract, the usual recourse is to file a complaint with the ROC, which can then take disciplinary action against the contractor. For financial recovery, you can file a claim against the contractor's bond through the ROC. This process is different from filing a lawsuit in small claims court.

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