Who decides the penalty imposed against a residential builder or contractor?

The entity responsible for deciding the penalty imposed against a residential builder or contractor is the Builders Board, or, if the Board does not act, the Director of the Department. This structure is essential because it ensures that penalties are determined by a regulatory body that is knowledgeable about industry standards and legal requirements. The Builders Board is typically composed of professionals with expertise in construction and regulations, ensuring that the decisions made are fair and reflect the seriousness of the violation.

In contrast, a client may have grievances against a builder or contractor but lacks the authority to impose penalties. Similarly, a contractor's attorney may provide legal advice or representation, but they do not have the jurisdiction to impose penalties. Local governments may enforce building codes and ordinances but are not typically involved in adjudicating penalties against builders unless there are specific local regulations that grant them that power. Thus, the decision-making role falls appropriately to the Builders Board or the Director.