Contractor- How can I charge him with fraud?
Just ended another contentious contractor episode. THis contractor was hired to replaster walls, paint and install crown moldings. He did a mediocre job on the first two and on the last day(I had to tell him it was the last day since he was milking the job) he ran around trying to find someone to…
Just ended another contentious contractor episode. THis contractor was hired to replaster walls, paint and install crown moldings. He did a mediocre job on the first two and on the last day(I had to tell him it was the last day since he was milking the job) he ran around trying to find someone to install the crown molding he had been contracted to install.
I had noticed he had not brought tools no meiter or chop saw and that morning we argued about the fact he had not done any of this.
While he was gone, his helper approached me and told me that I should know that his boss was not capable of doing the crown molding. He was not equipped and he only did plastering and painting.He said I was a nice lady and didn’t want to see me get screwed. Unbeleivable.
I had signed him on precisely because he said he could do all of it. I withheld some of the final payment and he is threatenning me with court for this.. I am fed up and filed a Better Business Bureau report but what else can I do to charge him with fraudulent contract?
to guest 5:47pm
there is much to this story.By the end of the first week a thursday he sent me an e-mail asking for an advance (he received 50% at start and balance was due at end of job) stating he would be done on schedule. i gave him the advance but on friday half the crew was gone and half the plastering was undone.Clearly he would not be painting on monday and finishing on wednesday as his email stated .
I inspected the walls and kind of figure he was just not planning to do half the area that’s why he claimed he would be “done”. Concerned because I was away on monday and tuesday on business I left him DETAILED sketches- plans and elevations of what remained to be done as listed in our contract .He didn’t know I was an architect and at that point i decided to tell him .
monday and tuesday and wednesday he is plastering still only with two people,but still no crown molding. thursday again he asks for an advance and says he will be done the following week (week 3)..i say “no” to the second advance. The job is a flat rate job but seriously not a 15 day job, it is a 7 day job.He just never planned to do this work as per the contract…and to do it on the cheap with little labor…as we say he was trying to get over.
He was pissed I said no to the 2nd advance. I tell him he needs to finish on friday. i stay home all day and watch…here we are on final day and no crown molding.I realize he has no tools, he isn’t a carpenter as he claims and he just paints and plasters…he is literally looking for someone on this LAST DAY and this is when the helper approaches me.When he comes back he finally makes an excuse about why he won’t do the crown molding and says “we will take it off the final balance” …i say nothing and ask him to finish painting.
I withhold part of balance and give him a check for the remainder. next day i get an angry email charging me for the “two extra days” plus what I withheld… sad really.
Pretty fraudulent doncha think? he had no intention of doing the work; and saved money by not using the labor we agreed to thereby extending the job by two days attempting to cahrge me for these two days and STILL NOT FINISHING THE JOB.
WTF???????????????????
to guest 5:47pm
there is much to this story.By the end of the first week a thursday he sent me an e-mail asking for an advance (he received 50% at start and balance was due at end of job) stating he would be done on schedule. i gave him the advance but on friday half the crew was gone and half the plastering was undone.Clearly he would not be painting on monday and finishing on wednesday as his email stated .
I inspected the walls and kind of figure he was just not planning to do half the area that’s why he claimed he would be “done”. Concerned because I was away on monday and tuesday on business I left him DETAILED sketches- plans and elevations of what remained to be done as per our contract (i had made sure all items had been listed). he didn’t know I was an architect and at that point i decided to tell him .
monday and tuesday and wednesday he is plastering still only with two people,but still no crown molding. thursday again he asks for an advance and says he will be done the following week (week 3)..i say “no” to the second advance. The job is a flat rate job but seriously not a 15 day job, it is a 7 day job.He just never planned to do this work as per the contract…and to do it on the cheap with little labor…as we say he was trying to get over.
He was pissed I said no to the 2nd advance. I tell him he needs to finish on friday. i stay home all day and watch…here we are on final day and no crown molding.I realize he has no tools, he isn’t a carpenter as he claims and he just paints and plasters…he is literally looking for someone on this LAST DAY and this is when the helper approaches me.When he comes back he finally makes an excuse about why he won’t do the crown molding and says “we will take it off the final balance” …i say nothing and ask him to finsh painting.
I withhold part of balance and give him a check for the reaminder. next day i get an angry email charging me for the “two extra days” plus what I withheld… sad really.
Pretty fraudulent doncha think? he had no intention of doing the work; and saved money by not using the labor we agreed to thereby extending the job by two days and STILL NOT FINISHING.
WTF???????????????????
you might be screwed by withholding payment. the only way you get the affirmative defense of stopping payment is if there is a material breach. going a couple of days over will most likely not be deemed a material breach.
Now the contractor has a couple of options. Since you withheld payment you might be deemed in breach of contract. he would then get damages, not have to finish his end of the bargain. He might also sue for substantial performance
Fraud is not the easiest thing to prove. don’t forget the burden of proof is on you. you have to prove the elements of fraud, he basically has to do nothing except deny them. you are also going to have to prove damages. If you can articulate to a court how him ending a couple of days later monetarily injured you then you might get them, but im guessing not.
lastly whomever reads this can agree or disagree with what I mentioned, im trying to point out that when a contractor starts performance you are really at his mercy unless there has been a material breach, i.e. a breach which goes to the essence of the contract. only if there is a material breach may you legally withhold payment. if you stop payment he can leave, not finish the work, and get all of his money. Make sure what you do is legal.
umm, can you please name names so none of us use him???
Are you ahead or behind in payment. That is, you said you withheld some of the money. Is there more money or work left on the job? Since you can always hire someone else to do the work, your best bet is to conmplete the job with someone else, and only bother with the first guy if you spent a lot more than you would have if the first guy did the job for the agreed amount.
For the scope of work you describe, the price tag can’t be that high. If the work he did is really bad, take photographs of everything before you redo it. If he sues you, get a lawyer and get real legal advice on how best to use your facts — wheter just as defense or counter suit. But unless you end up set back much more than you originally planned, and you think you can collect from this guy, your best bet may be to use the money you held back to finish the job with someone good and forget about it.
argentina=ysabelle
Wow…unbelievable hostility on this post.If you can’t contribute then refrain from posting.
He was not cheap. The truth of the matter is that contractors who normally try to get over do so even more with female clients.
I’ve been lucky with my exterior work contractor who I found through professional contacts but the interior finishing guys have
sucked.
So much for brownstoner.
“Just ended ANOTHER contentious contractor episode.”
You usually get what you pay for. If you can’t afford a REAL contractor, wait until you can. It is worth every penny.
How can i charge you with stupidity?