Q: How do I protect myself in moving on (and possible refund from bond) from a contractor who seemly is engaging in fraud?
Project manager just stopped answering my calls. Left owner messages for 4 weeks with no response. 30% into project with a torn up backyard and hole in the ground and 0 movement work for 5 weeks they kept saying the issue was with a permit/engineering hold up. Research reveals they never filed the plans to engineering/city 3 months into the process. Contractor then illegally charged my credit card 20k without my permission. Thankfully AmEx refunded me. Now listed his business as closed on Yelp and website. Due to paying for work/equipment mean to start immediately before they ghosted me, I am prepaid about 17k for work that won’t be completed. 42k paid/about 25k worth of work actually done but it may not be salvaged/usable by another company. Owner finally calls and agreed to some type of refund next week to avoid me calling on license. Recently they’ve charged/run off on several people (posted review & got messaged from other victims). Would like to be protected in moving on..
A:
This post has unfortunately been misplaced into the Employment Law practice area. You need to consult with someone who is comfortable with contracting law.
Good luck to you.
A:
Under California law, if you believe you've been a victim of contractor fraud, you should take the following steps to protect yourself:
1. Document all communication: Keep records of all communication with the contractor, including emails, texts, and voicemails.
2. Gather evidence: Collect any evidence of the contractor's wrongdoing, such as copies of contracts, payment receipts, and any photographs of the work done.
3. Contact the Contractors State License Board (CSLB): Report the contractor to the CSLB, which regulates contractors in California, and inquire about the status of their license.
4. Consult an attorney: Consider consulting with an attorney who specializes in construction and contract law to explore your legal options, which may include pursuing a refund or legal action against the contractor.
5. Review your contract: Carefully review your contract for any dispute resolution mechanisms or clauses related to refunds or cancellations.
6. Explore insurance: Check if you have any insurance coverage that might help recover your losses.
7. Seek refunds and remedies: Engage with the contractor in writing to request refunds or remedies for the incomplete work. If they fail to respond or comply, consult with your attorney to explore further legal action.
8. Report to authorities: If the contractor's actions appear to involve criminal activity, consider reporting the fraud to local law enforcement.
It's essential to act promptly and seek professional legal advice to protect your interests and explore potential remedies.
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