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How can this happen! Follow up to a previous question of a negligent contractor

Recieved letter fromDA office today , alleging damages from a complaint filed from a negligent contractor we hired 6/7/19. We are now Being threatened with, Grand Larceny third degree Class D felony. Contractor tried to say wrote a bad check but that backfired on him .They make no mention that the contractor stole $5000-6500 worth of property from our home … can I file the same charges against him , Ive already reported the theft to the police … On 6/12/19 this contractor is not going through his insurance ( none) has not filed mechanics lien ( no contract ) or filed in small claims ! Why go the DA route are there judgements already against him that he doesn't want to be seen ! Help ! Im told they don't investigate him because he brought the complaint. “ What! really?) If we didn’t stop payment on the check, he would have made off with our money and we would be the ones running after him and being told too bad, you should have known better ! And can I file a complaint with the attorney generals office … this is a deceitful and unscrupulous contractor. Problem is he’s pissed that we refused to pay 100% of the job on day one. It was not completed at all, no cement was poured, so job was not finished ! Seems he starts a job on a Friday, demands full payment upfront around 11am , runs to the bank to cash the check, now your going into a weekend so the check will clear and when he comes back by mid week and tries to finish ignoring any damage he has created he has your money so he’s off and running ! Seems we stopped him in his tracts and he’s pissed ! What do we fo from here ! I refuse to knuckle under to this thief... Bragged about doing 75 jobs a season but wants cks made out to him not his company wonder if the IRS knows ! He caused over $12,888of damage , which my homeowners deducted depreciation and my deductible from their final quote on damages . on a $8500 job ! We stopped payment on check ... he’s been harassing us, constantly driving past the house and following me to the store ! Police say nothing they can do !

1 reply

Oct 1, 2019

Dealing with unscrupulous people and companies is frustrating in any capacity, but it seems even more egregious when it's related to a construction project on one's own home. There are many courses of action that may be taken, depending on how aggressive a response is desired. It appears that your dispute has progressed to the point where involving a local attorney who can take a closer look at the entire situation and actually provide direct advise and assistance is likely a good idea. If a contractor causes damage to property, it is likely that a lawsuit may be filed against the contractor to recover for the damages caused. Failing to do the work as set forth by an agreement likely gives rise to a breach of contract action, and it is unlikely that nearly $13,000 worth of damage could be caused to a property without, at the very least, some amount of negligence on the part of the contractor. If the theft of property has occurred, and especially if reported to police, it is reasonable to attempt to further that investigation and pursue claims for theft. Likewise, if a party feels threatened by being followed and harassed by another, it is acceptable to go to the police and file a report, as well as potentially seeking a restraining order. Further, if a party is making knowingly untrue statements with respect to another, there may be a cause of action for defamation. In New York, a case for defamation of character may even be brought without needing to show actual economic loss or injury when the defamatory statement is regarding criminality or professionalism. Finally, depending on the specific location of the project in New York, there may be licensing requirements for "home improvement contractors" such that the lack of a license may result in penalties imposed by a licensing board. In any event, it is likely time to obtain the direct assistance of local counsel.

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