Hi, I am the owner of a house in construction, I gave money to contractor for material, but he spent the money and I didn't get the material, what can I do to get the material or the money?
I'm sorry this happened to you. The first thing I recommend you do, assuming you've tried calling or texting the contractor, is send a letter demanding the contractor perform the work and/or provide the materials you contracted for, or you will seek any and all remedies avaialble to you by law. This can be either a letter or email, whichever you prefer. If you are drafting the letter, it is up to you what you think the tone of the letter should be. If the letter is your first request to the contractor to provide the materials, and you want to maintain a working relationship with them, you may want to use a slightly softer tone. However, if you feel the letter should be more forceful (say the contractor has not responded to your phone calls, texts, emails, etc.), you can hire a law firm to draft you a letter on their letterhead. Letters from law firms are more likely to have the intended effect of prompting the contractor to take appropriate action.
If the demand letter does not work out, I recommend contacting an attorney. There are several steps attorneys can take if the contractor fails or refuses to respond to the demand letter. This can include filing a lawsuit against them, or making a claim against their bond, if there was a payment bond in place.
Also I should note that, depending on how egrigous the conduct of the contractor was, they can face criminal charges. If this contractor committed fraud or scammed you, they could possibly face jail time. In any event, it is important that you contact an experienced attorney if you cannot resolve this issue on your own.
If you feel you need to talk to an attorney about your situation, don't hesitate to give Murphy Legal a call. Our phone number is (979) 690-0800. We handle all types of construction cases.
I wish you the best of luck and I'm sorry you've been put in this position.