Florida Roofing Contractor Defense Attorney

Have you been notified of an Administrative Complaint brought against your Florida roofing contractor license? Are you worried about how the complaint may affect your future reputation and career? A complaint lodged against a licensed Florida roofing contractor can have damaging consequences, including significant fines, a limitation on services provided, harm to your reputation, and sometimes a revoked license.

As a licensed roofing contractor, one of your primary concerns should be a trustworthy and reliable reputation. Even if you think the complaint filed against your license is baseless, it’s vital to your career that you take the necessary measures to resolve it as quickly as possible. The first chance after you receive notification of an Administrative Complaint against you, contact a knowledgeable, professional license defense attorney to safeguard your future as a licensed Florida roofing contractor.

What is a Roofing Contractor?

A roofing contractor is a trained professional who specializes in roof construction on both residential and commercial buildings. The build, maintain, and repair roofs, while also installing or repairing skylights or any roof-deck attachments, while handling a variety of materials, such as wood, metal, shingles, and bitumen.

According to Florida Statute 489.105(e), a roofing contractor is described as:

“…a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design… and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof.”

Why Is It Essential for Roofing Contractors to Have a Valid License in Florida?

For roofing contractors, having a valid license is essential to carrying out their job. A license guarantees that a contractor complies with the relevant standards and regulations. That, in turn, demonstrates that they are trustworthy and instills confidence in prospective customers who want to hire them.

At The Umansky Law Firm, we’ve helped many roofing contractors and professionals fight complaints and the potential loss of their licenses.

For example, we can help if:

  • You are a roofing contractor whose reputation is being called into question.
  • A consumer or competitor filed a complaint against you.
  • You are facing a probable cause hearing, administrative hearing, or a board determination.

Complaints against roofing contractors can threaten their license and livelihood. If you’re facing a complaint, do not postpone acquiring reliable legal defense.

How Are Roofing Contractors Licensed in Florida?

In Florida, licensed roofing contractors are overseen by the Department of Business and Professional Regulations (DBPR). The Construction Industry Licensing Board (CILB) is responsible for issuing licenses to roofing contractors in Florida. This Board meets periodically to consider applications for new licenses and also to review complaints and disciplinary cases.

What Are Complaints Against Roofing Contractors That May Lead to in Disciplinary Action?

Complaints against roofing contractors vary from allegations of taking customers’ money for incomplete work to advertising cheap services then “up-selling” for an expensive new roof or unforeseen repairs.

According to Florida Statute 489.129, numerous acts make up grounds for a complaint that can lead to disciplinary actions against you, including:

  • Abandonment a roofing project before completion
  • Roof design flaws and oversights, such as a leaking roof
  • Roof design actions or errors claimed to cause construction defects
  • Performing work without appropriate permits or licensure
  • Failing to report past criminal history to DBPR
  • Neglectful supervision of roofing construction
  • Neglectful preparation of building site
  • Fraud or thievery
  • Carelessness resulting in property damage or injury

What Does the Complainant Fill Out?

If someone wanted to lodge an Administrative Complaint against a licensed roofing contractor or any licensed professional working in the construction industry in Florida, they would do so by contacting the DBPR and completing a Uniform Complaint Form. Also, a subsequent Uniform Complaint could be filed with the Florida Attorney General.

What is the Complaint Process Like in Florida?

When an Administrative Complaint is filed against a roofing contractor, it’s reviewed by either the Construction Industry Licensing Board (CILB), an investigator with the DBPR, or a contracted law firm. The investigation involves collecting enough information to determine whether the complaint can move forward to the next step.

Evidence gathered during an investigation often includes:

  • Interviewing complainants
  • Interviewing the subject of the complaint
  • Interviewing witnesses
  • Issuing subpoenas
  • Recording sworn statements
  • Collecting documented evidence
  • Preparing reports

As a professional building contractor, it is highly suggested that you secure a knowledgeable and accomplished attorney to help you develop a befitting response to the investigation procedure. Often, an experienced attorney can end the investigation process at its earliest stage, preventing you from further harming your reputation or business.

The Probable Cause Panel Reviews the Complaint

If the investigation acquires enough evidence to move the charge to the next step, the complaint will be assessed by a Probable Cause Panel. That will usually include members on the CILB who review the documents and evidence connected to the Administrative Complaint.

During this process, it is crucial that you have your defense attorney, and you do not try to handle the situation alone.

The panel review can result in three possible outcomes:

  • Finding no probable cause: a dismissal of the case
  • Issuing a letter of guidance: a determination that a minor violation did take place
  • Issuing a formal Administrative Complaint: the most severe of outcomes

A determination of “no probable cause” means there was insufficient evidence to prove that you violated any rule or regulation. A “letter of guidance” is not a disciplinary action but can still harm your professional reputation. If a formal Administrative Complaint is lodged against you, the Administrative Complaint process moves to the next step.

Process of Administrative Complaint

An Administrative Complaint against you describes the statements and evidence found against you during the inquiry, along with the specific laws or rules that you’re accused of violating. After consulting with your lawyer, you can decide to attend either an Informal Hearing or Formal Hearing.

Informal Hearing

If you choose to proceed with an Informal Hearing, that means you do not want to dispute any of the charges against you, nor do you intend to bring any new evidence to light. Instead, you’re acknowledging the complaints, and you’ll face the Board once more where they’ll make a final decision concerning penalties to be enforced against you.

Formal Hearing

If you wish to argue the charges and facts found against you during the investigation, you proceed with a Formal Hearing. This hearing is before Florida’s Division of Administrative Hearings (DOAH) and overseen by an Administrative Law Judge (ALJ). The ALJ considers the evidence from both sides and makes a final Recommended Order to the Board. The Board then makes a final decision regarding disciplinary actions.

You can appeal the decision by filing a petition for judicial review if your roofing contractor’s license is suspended or revoked. Your lawyer is your most valued support when going through this process – always seek advice from them before making any decisions.

How Can a Professional License Defense Attorney Help?

At The Umansky Law Firm, our professional license defense team researches every case extensively to learn the facts and the most advantageous course of action. Overall, some complaints against roofing contractors can go to criminal court, and you could face criminal charges. Having an experienced criminal attorney with experience in professional license defense is a top priority.

Our attorneys can help you in some of the following ways:

  • Consider the complaint against you and develop a defense by securing evidence, documents, and witnesses that help you
  • Prevent you from incriminating yourself as you defend against the accusations
  • Defend against potential criminal charges that can emerge from the complaint
  • Determine the motive or bias behind the person who made the complaint against you
  • Help you respond to the Probable Cause Investigation by securing documents, witnesses, and other methods to establish there is no probable cause for the complaint
  • Help to attempt and get the complaint dismissed by the Probable Cause Panel
  • Argue that a guidance letter is better than a prosecution
  • Mitigate any potential punishments the Board or Department may want to take
  • Present evidence, witnesses, and cross-examine State’s witnesses at a Formal Review Hearing
  • Help dispute the findings at an Informal Review Hearing
  • Appeal the hearing.

Skilled Roofing Contractor Defense Lawyers in Orlando

If you have been charged with committing an act where the State may take your license or suspend your business activities, call The Umansky Law Firm to defend you.

As experienced trial lawyers, we are well acquainted with the evidence code. We can assist in preparing a defense against you that may include dismissal of the citation, allegation, or complaint against you. Because we have a criminal defense background that provides for construction, fraud, and other crimes, we are ready to defend you in the administrative action and help you avert not only license suspension but also criminal prosecution.

 

The Umansky Law Firm lawyers include former prosecutors, defense attorneys, and some have experience working directly for the Department of Business and Professional Regulation. To speak with an administrative lawyer today, complete an online contact form or call at (407) 228-3838.