Complaint Reporting, Review and Jurisdiction

The Board for Licensing Contractors strive to protect the health, safety & welfare of Tennessee citizens from unscrupulous contractors. This is our number one concern and want consumers to report problem contractors, licensing law violations, and notify us of any judgments awarded by the court, as this will benefit others from being harmed. We encourage consumers to use state licensed professionals and you may check their license status at: License Roster Search to ensure they are properly licensed in the name as contracted, license classification and monetary limited assigned to the license. The complaint history is not availabe on the website; only "Disciplinary Action" will be listed after the case is closed. (You would need to contact our office to check the complaint history.)

The Board oversees licensing of contractors, home improvement remodelers, electricians, plumbers and approves contractor prelicensing course providers. The Board may take disciplinary action for licensing violations reported, while the Division of Consumer Affairs works to resolve matters between the consumer and the licensee. 

We hope you will never have to file a complaint, but want you to be aware of your options and assist you with the filing process.   At the prompt below, you may file an online complaint, however, we encourage you to mail a complaint, in order to provide important copies of documentation of the license law violations which would benefit the evaluation of the case, and this may be done by printing the Complaint Form and mailing to the address listed on the form (please allow 5 to 7 business days for state mail delivery) or fax to our office at (615) 532-2868.

If this is an issue where you also want to get monetary judgements or force the licensee to pay for repairs, you need to contact an attorney to file civil charges, as the Board does not have the authority to make these type judgments; they may only assess disciplinary action for license law violations under T.C.A. 62-6-102. (Review the law and rules from our website).

REPORTING VIOLATIONS & COMPLAINTS

Upon receipt of your completed complaint form, our legal counsel will evaluate the complaint and determine if the Board has jurisdiction or if mediation would benefit the consumer.  To make this determination, the following are considered:

• License (Does the contractor, electrician, plumber or a course provider, have a license or was one required?) You may check to see if a contractor is licensed at: http://licsrch.state.tn.us/ (If they are not, you may report the unlicensed activity violation to us; however, need to obtain an attorney to recover money).
• Contract or Monetary Amount (Did the amount of the project require a license?  If in excess of $25,000, a contractor's license is needed with the proper license classification and monetary limit and must contract in the name as licensed; any amount for an electrician or plumber, in a county without a local license agency, requires a state limited license.)  Was the contractor acting as a prime contractor? (Subcontractors, those contracting directly to a licensed contractor and not the owner, are not required to be licensed unless it was for electrical, mechanical, plumbing and HVAC). All prelicensing course providers must be approved to offer services and cannot "guarantee" exam passage, or use sample questions from the exact exam.
• Home Improvement Complaint (If you live in one of the following eight (8) counties: Bradley, Davidson, Hamilton, Haywood, Knox, Robertson, Rutherford or Shelby; and the cost was $3,000 or more, a Home Improvement license may be required. A Contractor's license is required for contracts $25,000 or more, regardless of the county).
• Electricians and Plumbers (Limited Licensed Electricians (LLE) and Limited Licensed Plumbers (LLP) are required to obtain a state license with our Board, in counties who do not have their own local licensing agency, unless exempt from the law. Major counties such as Davidson, Hamilton, Knox, Shelby, etc., have their own license requirements.) HVAC does not require a license from our Board if less than $25,000.
• Contractor Prelicense Course Provider (Courses to help in passing the contractor's license exams). These course providers must have each course approved by the board and follow strict guidelines, outlined in the Rules and Regulations.
• Action (Board does not have the authority to award monetary damages; or to force the contractor to complete and/or make repairs. They may impose discipline on cases related to licensing law violations, such as civil penalties and license revocation after a formal hearing.)
• Age of Complaint (There is typically a one (1) year “implied warranty”  [see T.C.A. 47-2-314] on cosmetic items and a statute of limitations of four (4) years on structural damage. However, the Board will accept a complaint regardless of the time limit and depending on the evidence provided to prove the violation.)
• Unlicensed Activity (You may report unlicensed activity by submitting the name of the contractor (respondent) and the address where they are working, and if needed, you may remain anonoymous. These may be sent by fax at: (615) 532-2868).

The Board does not have the authority to award monetary damages or force the contractor to make repairs. They may assess discipline such as letters of warning/caution, citations, civil penalties, consent orders and  in some cases, they may revoke or suspend the license through an adversarial formal hearing process with an Administrative Judge, pursuant to the Uniform Administrative Procedures Act. 

Anyone seeking to recover monetary remedies for injuries should consult a private attorney, as the Board has no jurisdiction over these matters.  If you have been wronged by a contractor, reporting a complaint provides a means to protect other consumers.  However, complaint cases do not become public information until after the case is closed. Closed cases with discipline are available at the Regulatory Boards site for Disciplinary Action; the "Problem Contractor List"  is available with the Division of Consumer Affairs, and it provides a resource when checking contractors.   Formal hearing action of the board is listed at Revoked/Suspended site. The complaint history of a contractor is not available on the website and you may contact our complaint staff to request whether a contractor has *open or closed complaints filed against them; the board may not have specific information on *open cases, but can let you know the history for ones reported by other consumers.

PROCESS - Disciplinary Action or Mediation

Consumers hiring a licensee benefit from the mediation program with the Division of Consumer Affairs.  Should our Legal section recommend transferring your reported complaint to "CHAMP" (Consumer / Homeowner Accountability Mediation Program), you will be notified in writing from their coordinator. 

STEP 1

●Mediation - Residential projects without law violations qualify. (Unlicensed or when the law requires a license; complaints involved in litigation; and commercial projects, are not eligible mediation for participation in CHAMP.) After the mediation process, if there are license law violations, the case may be transferred to the Board for discipline against the license.

AND/OR

●Discipline - Will be processed by our Legal section to determine from the documentation submitted for possible discipline. (You may also use the complaint form to report unlicensed activity and may remain anonymous.)

STEP 2

●Complainant (person filing the complaint) will receive an acknowledgement letter verifying receipt of the complaint and whether it will be transferred to CHAMP; or it may remain with Legal for investigation. Note:  Details of the case while in the Legal Section, are not public information.  Notification of  the status on the case, will not be sent until the case is "closed".  Cases are considered "open" until the contractor pays the recommended penalty; or appears for a Formal Hearing overseen by an Administrative Judge; or if violations were not proven and dismissed. During this process, the Board cannot prevent a licensee from working, cannot hold the license or renewal issuance, until the case is closed.

●Respondent (Contractor) will also be notified; their notice is sent by certified mail, of the complaint allegations and directed to respond in writing within *ten (10) days of receipt (from the date the contractor receives notification from the Board). A copy of the complaint will be included in the notice to the contractor. Please note, due to certified mail delivery, a typical contractor’s response may take *thirty (30) days.

STEP 3

●Legal Counsel will review all documentation, after the time is up for a response to allegations, and determine the next course of action. This may require an inspection of the job site by an inspector, if necessary to prove violations in the case. You will not be contacted unless an inspection is needed to gather more evidence to prove license law violations, or if you are needed as a witness for a formal hearing.

NOTE: Legal files are not considered open to the public and confidential. Once their case is closed, they will forward the findings to the Board office for their complaint file.

STEP 4

●Board Review for Discipline - consists of cases presented anonymously to the Board at a regularly scheduled meeting, by the Legal section, to review the recommendations of the Board’s Legal Counsel for action.  The Board will not have knowledge of the contractor's or complainant's name on the case and decisions are based upon the findings of licensing law violations.

Our Board may only take disciplinary action against a contractor for licensing law violations (they cannot force the contractor to repair items or award monetary damages).   This requires Legal to provide evidence to the Board showing the contractor violated the license law.

OR

●Mediation - Any eligible residential complaint received in the Board and Commission office will be transferred to the Division of Consumer Affairs for processing through CHAMP which offers consumer mediation.

CHAMP (Consumer Homeowner Accountability and Mediation Program)

The Tennessee Division of Consumer Affairs, the State’s consumer protection agency within the Department of Commerce and Insurance, contains a residential construction complaint mediation service known as CHAMP (Consumer Homeowner Accountability and Mediation Program). This consumer based complaint process allows the parties to agree on making repairs or corrections or to resolve residential construction issues without administrative disciplinary hearings.  CHAMP has been a benefit to those who have hired a state licensed contractor.

Licensees/Respondents failing to respond to the complaint with the CHAMP section are listed on the "Problem Contractors List" which acts as a buyer beware to others. Although, these individuals or companies may not have violated the law, they failed to respond to the consumer's issues and is a good source for checking out a contractor prior to hiring one.

General Information

The Board may authorize a consent order providing for a civil penalty to be assessed and sent to a licensee, however, a consent order is merely an offer of informal settlement, which the respondent (contractor) can accept or not.  The case is not considered "closed" until the consent order is signed and the civil penalty has been paid.  If the contractor does not respond or appeals the decision, the case remains "open" until the Board's attorney schedules a formal hearing.  The Board could rule to revoke the license or suspend until the civil penalty and/or the cost of the hearing are paid.  (Unlicensed contractor penalties are referred to the Attorney General or local District Attorney for collection.) 

Throughout the complaint process, due process rights are assured to prevent a higher court from over-turning the Board's ruling.   The final decision reached by the Board is based on the findings of an investigation and/or the outcome of a public formal hearing.  This process is lenghtly and could take several months.  Complaints with the State are not meant to have a bearing on civil proceedings, but to evaluate if disciplinary action is warranted.   The law which provides jurisdiction to the Board is T.C.A. Title 62, Part 6 and may be reviewed from the Michie's Legal Resources website under Tennessee jurisdiction at:  www.michie.com. You may also review a list of law violations on our website at "Law References for Consumers".

If your complaint includes other professions, such as the Real Estate agency, appraiser, home inspector, etc., you may check with their Boards for filing a complaint. A list of all Regulatory Boards is available at: State of Tennessee - Department of Commerce and Insurance

Should you contact the Complaint Division to inquire about the progress of the case, staff may be able to give you an update to the status (open or closed), only; they will not have details of the investigation.  The legal files and inspector reports of the investigation are not considered public information.   No official information is available until action is taken by the Board at their regularly scheduled meetings.  The attorney will not present a case to the Board until their investigation is complete and this process may take several months. Notification will be provided to the complaintants at the earliest possible and appropriate time.  When a decision is reached, you will receive a letter from our board staff relating any disciplinary action against the contractor you reported or whether the case was dismissed due to no licensing violations. The complainant must rely on the courts for monetary recovery.  

 After the case is closed, it becomes public information and consumers may have access to the complaint prior to hiring a contractor.  In addition, you may want to contact the local Better Business Bureau or Federal Trade Commission to record your complaint.

Complaint Form

Print Complaint Form [pdf] | Online Form

«« Previous Page