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Question
I hired a man who I thought was a liscensed contractor, he never told me otherwise. Now our brand new house has major problems and after going through our paperwork and reciepts we have come up with around 12,000 dollars that he has pocketed-that was after his contractor's fee. We have contacted him for the last three months about getting his reciepts and he says everytime that it is in the mail. Do I go to the D.A. and file embezulment charges and fraud charges? I just want my money back so I can fix my house!
Thenks,
Jeni
Hi Jeni
Your lesson has been rather expensive. Always check the bills and the qualifications of any contractor before you release any money. Do you have a release from him confirming that he has paid on the sub-contractors? I am not sure about either embezzlement or fraud in this case as it depends on the exact wording of the contract.
I am not sure that you will get your money, even if you report him to the DA. You might get him convicted on criminal charges and sent to jail, but will that get you your money. I suggest that you talk to a lawyer on a fixed fee basis for an opinion of the costs of a court case and the chances of wining. An alternative is to name him and shame him in the local media, but prepare your case well to be sure that he does not sue you for libel.
In the end you must decide if you have got value for money, or if you need the stress and hassle of a long protracted court case with all the attendant costs. Be sure your lawyer will want his money, even if the builder does not pay you.
Good luck with your new home.
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Answers by Expert:
Peter M. Elliott
Expertise
First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.
Experience
Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit.
George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')
Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation
Education/Credentials
B Sc(Hons) in Civil Engineering
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