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What are my rights when a contractor ripped me off?
I hired a man to build a patio room onto an existing outdoor patio. A contract was signed, some upfront monies were paid for materials, and I even had a "time is of the essence" clause for 45 to 60 days. He was hired in early October 08 and his time was up early December 08. The only work he did was to pour a concrete foundation that is not up to code and to use 2x4 boards to frame it when the contract called for 2x6. None of the framing was ever completed in all of this time either. I have a crooked foundation and boards that are only on each side but not fully framed.
What are my legal rights and how to pursue a lawsuit against this person? I do have an attorney and time to wait. Fortunately I have enough money for both an attorney and to hire another contractor to fix and finish this job.
Where do I even start? Who do I call because of the legalities of what he has done? This man owes me and has agreed to pay me back any monies that I paid upfront because he knew it was wrong. That is in the amount of $6700 not counting the damage I will have due to the concrete slab not being correct.
HELP...
4 Answers
- jslindermlLv 71 decade agoFavorite Answer
Since you have a written contract, this one is pretty easy. Actually, since you have an attorney he should have told you this, as he is the person to call:
1> You are entitled to all monies back subject to the cost of goods already expended that do meet standards/contract, if any.
2> Unless the contract specifies otherwise, you are generally entitled to reasonable costs to repair or address any deficiencies.
3> Unless the contract specifies otherwise, you are generally entitled to collect reasonable attorney's fees.
Since the amount is so high, you are out of the ballpark for most small claims courts, you will file in your local municipal court and for that an attorney is recommended strongly.
- SUSAN MLv 51 decade ago
Call the BBB and the state attorney generals office to see if any other complaints. I would also contact the attorney and start the process of suing him to get your money back and definitely file a claim with the AG and BBB. I doubt this guy will actually pay you back
- RamboLv 61 decade ago
It doesn't sound like winning a lawsuit will be your problem. When you get your judgement it is up to you to collect it. You need to start trying to track down this guys assets. What bank did he cash your check at? Does he have an account there or did he cash it at your bank? Do you know where he lives? Does he own the place or rent it? Does he have a valid contractor's license? What vehichles have you seen him using? Start trying to dig up everything you can on this guy so that you will be able to collect your money. It doesn't do any good to get a judgement against somebody who doesn't have anything.
