How do I file a complaint against a contractor in Virginia?

Start with the contractor, in writing

Virginia's Board for Contractors suggests going to the contractor first, because many problems get fixed that way. Be sure to put every problem to the contractor in writing, so that you both have a record.^[3] Keep copies of the contract, change orders, invoices, payments, photos and messages. If the contractor refuses to make corrections, the Board says to file a written complaint with it.^[3]

File with the Board for Contractors at DPOR

Contractors are licensed by the Board for Contractors, part of DPOR, the Department of Professional and Occupational Regulation. Under state law, a complaint has to be in writing and received by DPOR within three years of the act, omission or occurrence behind it.^[2] If the contractor materially and willfully misrepresented, concealed or left out information that matters to the violation, you have two years from discovering it instead.^[2]

How to send it:^[1]

• DPOR's complaint form comes as a fillable PDF you can email back, or a static PDF to print and fill in by hand. Both are on DPOR's File a Complaint page.
• Email it to ComplaintAnalysis@dpor.virginia.gov or mail it to the Compliance and Investigations Division at 9960 Mayland Drive, Suite 400, Richmond, Virginia 23233-1463. For questions, the complaint analysis line is (804) 367-8504.
• If your attachments come to more than 20 MB, do not email them; ask the same address for a secure upload link. Do not send a USB drive or other storage device, because DPOR destroys them unreviewed.

Know before you file that all complaints are subject to public disclosure once a case is closed.^[1]

The most common complaints the Board handles are failing to fulfill the terms of an agreement, abandoning the job, building code violations, false, misleading or deceptive advertising, and failing to pay subcontractors or material suppliers.^[3]

What happens next

DPOR reviews the report to decide whether a law or board regulation may have been broken.^[1] If one may have been, it may try to resolve the matter informally, or assign it to an investigator, and you may be asked for more information.^[1] In some cases DPOR may offer Alternative Dispute Resolution, a form of mediation that is free, voluntary, confidential and non-adversarial.^[1] If it fails, the file goes to Investigations.^[1]

When an investigation finds probable cause, the Board can require remedial education, impose a fine, suspend or revoke the licence, or refuse to renew it.^[1] You may be asked to testify at a disciplinary proceeding.^[1]

What it cannot do matters as much: DPOR and its boards cannot require a business to refund money, correct deficiencies or provide other personal remedies.^[1] DPOR also says it cannot give legal advice.^[1]

If the contractor was not licensed

You can still report it. If the person is not properly licensed, DPOR may take criminal action instead.^[1] But the Board may not be able to help you resolve a complaint against an unlicensed contractor.^[3] That is the main reason to check the licence before you hire.

The Attorney General's Consumer Protection Section takes consumer complaints against businesses operating in Virginia.^[7] If a complaint is not one it handles, it says it will tell you and forward it to the right agency.^[7] Its hotline is 1-800-552-9963 from inside Virginia, and it asks you to state the specific resolution you want and to send copies, not originals, of your documents.^[7]

Getting money back

Because the Board cannot order a refund, money usually comes through a court. Virginia's Contractor Transaction Recovery Fund can then pay part of an unpaid judgment. It is open to an individual who wins a Virginia court judgment against a contractor licensed at the time, for improper or dishonest conduct on work on their Virginia home.^[5] A plain breach of contract does not count.^[4] If you go this way, note that anyone who sues a licensed contractor in a Virginia court has to serve a copy of the complaint on the Board by certified mail or the equivalent.^[5] One claimant's claim for a single transaction is capped at $30,000.^[6] DPOR's printed consumer guide still says $20,000;^[3] the statute's figure is the one that applies. Whether to sue is a question for a lawyer.

Hiring the next one

Every business in the Loclis directory is listed from DPOR's register with its licence number, class and the date the record was read, so you can check it before anyone starts work. How Loclis checks businesses explains what "verified" means here. To finish the job, browse remodeling or describe the job and licensed local businesses quote it.