Complaint Procedures

Types of Complaints Accepted by CID
Types of Complaints NOT Accepted by CID
How to File a Complaint
How CID Processes and Investigates Complaints
The Complaint Process: Roles and Responsibilities
Report Unlicensed Contractor Activity

Types of Complaints Accepted by CID

The Construction Industries Division investigates the following complaints:

  • Violation of any New Mexico state building code, including general construction, electrical, mechanical, plumbing, liquefied petroleum and compressed natural gases
  • Violation of any provision of the Construction Industries Licensing Act or CID Rules and Regulations
  • Failure to maintain Workers’ Compensation Insurance
  • Aiding and/or abetting an unlicensed contractor
  • Contracting under a name other than that on a license
  • Performing work beyond the scope of a license
  • Any change, modification or alteration to the approved building plans resulting in code violations
  • Abandonment of contract, conversion of funds, or a willful or fraudulent act after the matter has been adjudicated by a court

Types of Complaints NOT Accepted by CID

CID will not be able to accept some types of complaints from homeowners or contractors.  These include: 

  • Any financial, contractual or warranty complaint
  • Poor workmanship
  • Abandonment of contract
  • Conversion of funds or property
  • Willful or fraudulent commission of an act by the contractor which substantially injures another

How to File a Complaint

You may request a complaint form by calling CID at (505) 524-6320, ext.4, or you may download a complaint form. To avoid delaying the processing of your complaint, complete all information, including, but not limited to, the following information:

  • Homeowner name, address, and phone number
  • Name, address, and phone number of the contractor against whom you are filing the complaint
  • The date you and the contractor entered into the agreement
  • The date you discovered the problem
  • The date the home was originally constructed
  • A detailed description of the problem(s)
  • A copy of any contract and/or bid signed by the contractor, yourself, or both

How CID Processes and Investigates Complaints

Once a complaint has been filed with the Compliance Section and it is determined to be within CID’s jurisdiction, we may take the following steps:

  1. Assign the complaint to a compliance officer to initiate an investigation. 
  2. Inform the contractor of the complaint.
  3. If code violations are cited by the case inspector, the contractor is given reasonable time to correct all violations.
  4. If the contractor fails to correct all violations, an administrative action will be initiated against the contractor.

The Complaint Process: Roles and Responsibilities

Complainant  
  • Document the problems thoroughly in writing on complaint form.
  • Provide additional information as requested.
  • Allow access to contractor to fix code violations.
Contractor  
  • Provide written response to the complaint.
  • Provide additional information as requested.
  • Correct code violations.
Construction Industries Division  
  • Review written complaint to determine jurisdiction.
  • Initiate investigation to substantiate allegations of non-compliance.
  • Request contractor to correct code violations.
  • Request verification of code violations and corrections by inspectors.
  • Initiate disciplinary action against the licensee pursuant to approved policies and procedures.
Inspector  
  • Inspect and verify the code violations and corrections by contractor.
  • Submit inspection reports to CID to document code violations and corrections.
  • Participate as a witness in disciplinary hearings.  
Construction Industries Commission  
  • Accept or reject the Division’s recommendations for disciplinary actions.
  • Accept, reject, or amend Hearing Officer’s Report.
  • Consider appeals pertaining to administrative penalties assessed against a license.