Legal Question in Criminal Law in Florida

fraud

my partner had our client write him a check for the balance owed on his cabinetry, he also installed the cabinets (and isnt a licensed contractor) now our customer isnt happy with job he did and wants a refund. did my partner commit fraud? and do I have the right to put out a warrent for his arrest?

thanks kevin


Asked on 9/16/06, 11:26 pm

3 Answers from Attorneys

Robert Roemer Robert Roemer

Re: fraud

Dear Kevin,

Do you need A GC license to do this work?If you customer is unhappy with the work-you or your partner could fix it or refund some money to the client.I would need to know more facts to see if any crimes are involved.Also,if you haven't formed a Corp,LLc,etc-you should to protect you personally from liability from this type of claim

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Answered on 9/17/06, 10:54 am
Valerie Masters Valerie Masters, P.A.

Re: fraud

if you are employing an unlicensed contractor you are in hot water too. i would try and fix the problem first and then refund the money. the client could have both of you arrested, dont worry about your partner

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Answered on 9/17/06, 11:16 am
Edward J. Chandler Law Office of Edward J. Chandler, P.A.

Re: fraud

As a matter of public policy, contracts entered into on or after October 1, 1990, and performed in full or in part by any contractor who fails to obtain or maintain a license in accordance with this part shall be unenforceable in law or in equity. However, in the event the contractor obtains or reinstates his or her license, the provisions of this section shall no longer apply. �Pursuant to Florida State Statute above, any contracts entered into with unlicensed contractors are unenforceable.�Any monies paid to an unlicensed contractor may have to be refunded.

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Answered on 9/19/06, 9:06 pm


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