I filed a complaint with the CSLB. The CSLB issued an order of correction to my former contractor totaling almost $12,000. The contractor has not paid and his bond insurer made an error processing my bond claim and now won't pay. Although I've written several attorneys for free consultations, I haven't received a response from anyone. 1. Should I call offices instead of using their online request? 2. I'm eager to file because the clock is ticking. I know I need to file in Superior Circuit Court – is this a civil suit?
If the bond company is ignoring your claim after the CSLB issued an order, then you can file a claim with the California department of insurance. You can do so online. the DOI will either help it getting the bond company to pay, and/or may issue a letter notifying you that you can, if appropriate, take legal action against the bond company.
If the contract with the contractor has an attorneys fees clause then you can file a lawsuit against the contractor, and possibly the surety company, in the Superior Court of the county the project was performed in. If it doesn't have an attorneys fees clause then your probably better off filing the lawsuit in Small Claims Court. Every county has a 'self-help' department at the Superior Court, and they can assist you with filing a Small Claims matter.
Thank you. I filed a claim with CA Dept of Insurance. Their response...
While we have attempted to mediate this dispute and have thoroughly investigated the surety company's claims process, we regret that we are unable to resolve this particular dispute. State law does not provide the Department with the authority to decide if the surety company is responsible for your loss or how much should be paid on your claim. When two parties disagree on the facts of how a loss occurred or the appropriate amount of damages to be paid, the ultimate decision is left to a court of law.
I know I need to go to court – I just don't know what form to use in filing. Self-help services sadly weren't. https://www.sanmateocourt.org/forms_and_filing/index.php?department=Civil#formTable
DOI is telling you can file the lawsuit against the Bond company. They are not guaranteeing you will win, but letting you know that is the next proper step if you don't want to drop the matter. If the contract with the contractor has an attorneys fees clause then you can hire an attorney to pursue in superior court. If it doesn't then it may make more finanical since to file in Small Claims Court, and waive the amount over the $10,000.00 limit. Any attorney can assist with the drafting either documents if you prefer the attorney ghost write for you. You can hire an attorney to represent you in Superior Court but not in Small Claims Court.