Q: My contractor's project manager advised had me write out the checks under his name. LAPD told me to sue the company.
I hired a licensed contractor who sent me their project manager (PM). I signed a contract 178K. First check went to the company. The PR told me to start writing the checks out to his name (I did, a total of 108K). After the first check to him I called the company to make sure that the PR was still their employee and to make sure they knew me as their client. They confirmed. After every check the PR would sign off on the contract/proposal as "PAID". The company owner called me and asked why I haven't paid. I gave the company all the details and proof. Now the company is telling me that they are not liable for those checks because they are under the PM name. The PM keeps ignoring me and won't return my money. I asked the company why didn't they monitor their employee. LAPD told me I couldn't file a police report against the PM but the company had to report their employee. The company had me sign another contract (all over again). I've lost 108K. The house was supposed to be done in July
A: It is not clear why you signed another contract with this company while your dispute remained unresolved. If you were making progress payments, it is also not clear why most of the work was not completed. You need to get out of a public forum and into a consultation with an attorney promptly. Based on the facts stated here, the LAPD is wrong.
A:
There are a lot of unknowns in your question, such as what project was the licensed contractor hired for. Basically, the answer to your question depends on who at the company is in charge. If the PR was an employee of the company, and was cashing the checks for himself, then he has committed fraud. And, the company would be liable to you for the actions of its employees, including the PM. Under the theory of "Respondeat Superior" employers are responsible for the wrongful actions of their employees. You can sue both of them. I don't think the LAPD can be much help, as this is a civil matter and the Police do not usually get involved in civil disputes. I suggest you consult a local attorney as soon as possible.
I do not have all the facts, so my answer is more of a guess than anything else. If the company will not give you a full explanation of what happened, you should threaten them with a lawsuit. If they don't respond, seek legal help immediately. Again, this is the best I can do with limited information. Good Luck.
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