Legal Question in Construction Law in California
Contractor cashed deposit check and claims money was stolen and cannot do job
We paid a $2000 deposit on a roofing job. We called a few days after to see when the workers would arrive and got an evasive answer about his ''room'' being robbed and that he would call us back. Two weeks pass, and I called to see what was going on since we hadn't heard from him. The guy who answered said ''he doesn't live here anymore'' and that he had no forwarding info. I called a few other numbers I had for him, and the only one that wasn't disconnected was an answering machine at his mother's house. I left a message that if we weren't contacted immediately we would call the police. That night, he called, but wont give us a number where we can reach him, he says that he's in Chicago and that he's trying to ''sell his business so he can at least give us part of the money back''. What can we do?????
2 Answers from Attorneys
Re: Contractor cashed deposit check and claims money was stolen and cannot do jo
You've got to hope that he was licensed and that he had a license bond that hasn't been completely tapped. It sure sounds like a scam artist, though.
If it turns out that he still has a license bond, take him to small claims court and report him to the Contractor's State License Board. You'll have to prove that he violated regulations that trigger bond coverage, though. Talk to the CSLB about what violations he committed that would trigger coverage by the bond.
You may also want to file a report with the police, but they often dismiss these things as being "civil" rather than criminal.
Re: Contractor cashed deposit check and claims money was stolen and cannot do jo
I think you've been 'scammed' and this is a matter for the police and the district attorney. I assume this 'contractor' was unlicensed, but even if he were, recovering your deposit from his bonding firm will be difficult.
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