While all aspects of constructing a home, high-rise, or commercial building are important, some components and systems must be inspected even more thoroughly due to the potential for safety hazards. Electrical systems are always at the top of this list, as problems or actual construction defects could lead to major safety hazards.
Serious problems may present themselves later, despite your own company’s inspections and a home or building inspection. Insidious defects may be hidden for years even, detected later as owners or tenants begin to experience problems like brownouts, sparks flying from outlets, burning odors, or even interior fires. Because the problems can be so serious, if they are not fixed right away, complaints—and even litigation—may ensue quickly. This could be further complicated if you hired a subcontractor to do the work. Blame could get handed down from the contractor to you.
If there was a contract, you will need to refer to any third-party clauses as well as the dispute resolution clause. And if you or your company are the ones named in a complaint filed with the Texas Department of Licensing and Regulation, consult with an experienced license defense law firm immediately.
You may not have been responsible for the electrical problem directly, and the complaint may be completely without merit anyway. With the advent of the online complaint process, it is all too easy to file suspected license violations or report those who may or may not be licensed. Nevertheless, if your license and company’s reputation are on the line, it is crucial that you follow through and respond.
Those filing grievances with the Texas Department of Licensing and Regulation are required to submit all information and any documentation supporting their complaints, but they do have the option of filing anonymously. The Department then evaluates their complaint regarding the alleged violation. The case may be dismissed if they cannot determine that the individual or company in question committed a violation. If the TDLR does decide to investigate the case, you will need to respond directly after being notified.
If the subcontractor has not come forward, you can include all pertinent information regarding who you hired and who did the work in your response, as well as discussing it at a hearing should the process go that far. Overall though, the responsibility for licensing violations or defects may fall on you, and could put your electrical license in jeopardy. Responding, attending any required conferences or hearings, and preserving your reputation is crucial, especially if electrical defects causing safety hazards are the focus of the reported violations.
The lawyers at BERTOLINO LLP know how to carefully research every potential case, and our results speak for themselves. As soon as you are notified that an investigation is being conducted against you, contact our office at (512) 476-5757 to schedule a case evaluation.
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