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Contractor removed parts he installed on my house

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Teacher001

Junior Member
What is the name of your state (only U.S. law)? Maryland

First, I thank you all for a wonderful effort here.

I hired a contractor to install an air conditioning system at my house. The job was almost complete, but he started demanding the final payment ahead of time. My written contract states I pay after final inspection, but he wanted it early. We had a stand still for 2 weeks, with me refusing to pay, and him refusing to complete the work.

Yesterday I came in and found the outside part of the system gone. He removed the condensers, severed the tubes in a way which renders them not usable, and even filled them with sand to cause more harm. He also removed wiring and electrical parts which were installed by my elelctrician.

The units which were taken were provided by him as part of the contract. I am 100% current on my payments, except for the disagreement about the timing of the final payment.

The contractor gained access to the roof by climbing a fence from the back alley. he gained access to the roof by climing an emergency staircase. I did not give him permission to access my property, or remove anything.

The next day he listed the stolen parts on craigslist. I had a friend call him to make sure it was my parts, and it was, 1,000,000%. I confronted him on the phone and he said he will sell them to me, or to anyone else.

My question, since the contractual terms have not been fulfilled, is this considered my property or his? Would this be considered theft, unauthorized removal of property, or somethign else? What can I do?

Another side question if I may: another contractor stored an air compressor in my backyard, and it was missing folowing the above described event. Since it was gone from my house, is it my responsibility to pursue the issue, or should the owner file a claim? Thank you.
 
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Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? Maryland

First, I thank you all for a wonderful effort here.

I hired a contractor to install an air conditioning system at my house. The job was almost complete, but he started demanding the final payment ahead of time. My written contract states I pay after final inspection, but he wanted it early. We had a stand still for 2 weeks, with me refusing to pay, and him refusing to complete the work.

Yesterday I came in and found the outside part of the system gone. He removed the condensers, severed the tubes in a way which renders them not usable, and even filled them with sand to cause more harm. He also removed wiring and electrical parts which were installed by my elelctrician.

The units which were taken were provided by him as part of the contract. I am 100% current on my payments, except for the disagreement about the timing of the final payment.

The contractor gained access to the roof by climbing a fence from the back alley. he gained access to the roof by climing an emergency staircase. I did not give him permission to access my property, or remove anything.

The next day he listed the stolen parts on craigslist. I had a friend call him to make sure it was my parts, and it was, 1,000,000%. I confronted him on the phone and he said he will sell them to me, or to anyone else.

My question, since the contractual terms have not been fulfilled, is this considered my property or his? Would this be considered theft, unauthorized removal or property, or somethign else? What can I do?

Another side question if I may: another contractor stored an air compressor in my backyard, and it was missing folowing the above described event. Since it was gone from my house, is it my responsibility to pursue the issue, or should the owner file a claim? Thank you.
Call the police and report the theft.
 

Teacher001

Junior Member
Call the police and report the theft.
The officer who came to the house told me that since the contractor is in possession of the purchase receipts, that there is no proof a theft took place. I asked about the electrical parts, compressor and damage -- she stated that since he did not admit to that ... there is no probable cause.

Should I just accept her logic and just pursue in a civil court?
Can anyone do somethig like this and get away with it ... just like that?
 

justalayman

Senior Member
If you want to still consider criminal charges, I would speak with the DA. Sounds like the cop is making a judgment call and personally, I believe he is wrong.


You can also seek a civil remedy as well as criminal. In criminal suits, you do not always get restitution plus there is more here than the criminal suit would deal with.
 

Mass_Shyster

Senior Member
If you want to still consider criminal charges, I would speak with the DA. Sounds like the cop is making a judgment call and personally, I believe he is wrong.


You can also seek a civil remedy as well as criminal. In criminal suits, you do not always get restitution plus there is more here than the criminal suit would deal with.
I agree with this and will add that you have a written contract proving ownership. The police officer dropped the ball.
 

Teacher001

Junior Member
I agree with this and will add that you have a written contract proving ownership. The police officer dropped the ball.
Based on the great feedback here I went to the Commissioners office at 4 AM very early. The contractor gained himself an arrest warrant on seven charges. I have not seen all the charges, but I guess they include breaking and entering (damage to fence), trespass, theft, malicious destruction of property .... can anyone guess what the others may be?

One question: should I send a friend to purchase the stolen units from him? or do I become a partner in his crime? my thoughts that I get a written receipt which is better than his verbal admission about the incident, and because I need my units.

Thank you again.
 

Mass_Shyster

Senior Member
Based on the great feedback here I went to the Commissioners office at 4 AM very early. The contractor gained himself an arrest warrant on seven charges. I have not seen all the charges, but I guess they include breaking and entering (damage to fence), trespass, theft, malicious destruction of property .... can anyone guess what the others may be?

One question: should I send a friend to purchase the stolen units from him? or do I become a partner in his crime? my thoughts that I get a written receipt which is better than his verbal admission about the incident, and because I need my units.

Thank you again.
You should immediately print out the craigslist ad, before he deletes it. Beyond that, I think you should see an attorney. I don't know that it's a good idea to resort to self-help methods.
 

Teacher001

Junior Member
You should immediately print out the craigslist ad, before he deletes it. Beyond that, I think you should see an attorney. I don't know that it's a good idea to resort to self-help methods.
I printed the ad, and had a friend call the number listed and talk to the guy. The friend got the units description and wrote his own notes on the printout.

It is truly humiliating to think about buying my own stolen property from the thief. I am glad it is not irreplaceable -- otherwise, I would be forced to buy it.
 

justalayman

Senior Member
Personally, I would not go and buy the equipment. If the police are involved, as long as the guy still has the stuff, it should be confiscated as evidence of the crime. If somebody goes and buys the stuff, it will simply confuse the situation.


If he already sold the stuff, he still owes you for it so you should either be able to regain the original stuff or be owed the money for it. Either way, as long as this guy has a buck to his name, you should be able to be restored to the condition you were before this guy stole all the stuff.


and just for a kicker; if the state has a licensing agency, you should report this guy to them as well.

In fact, some states even have a fund to repair customers that got screwed by contractors. I don't know if your state does, I didn't look but at least make a report on this guy so the next person will be able to see how he treats customers.
 

Teacher001

Junior Member
..... and just for a kicker; if the state has a licensing agency, you should report this guy to them as well.

In fact, some states even have a fund to repair customers that got screwed by contractors. I don't know if your state does, I didn't look but at least make a report on this guy so the next person will be able to see how he treats customers.

Correct, the Maryland Home Improvement Commission (MHIC) requires licensed contractors to post such fund, for such situtations. They will not renew his license without paying MHIC back. It is a lenghty process, but works.

Thank you.
 

Teacher001

Junior Member
**************. as long as the guy still has the stuff, it should be confiscated as evidence of the crime.
Police were very cooperative in serving the warrant, however, they refused to hold the stolen items as evidence because I did not have receipts or serial numbers.

I posted a counter ad on craigslist stating the description of the items and a warning that anyone who buys the items risks being in possession of stolen property.
 

Teacher001

Junior Member
Here are the charges. The man was arrested and I am making all effort to get the Serial Numbers of the property so the police will hold it as evidence. I have one question about the different classes of burglary listed, why? Thanks.

Charge No: 001Description:THEFT: $1,000 TO UNDER $10,000
Statute: Description:
Amended Date: CJIS Code:1 0622MO/PLL:probable Cause:X
Incident Date From: 03/04/2010 To: 03/04/2010 Victim Age:
Charge No: 002Description:MAL DESTR PROP VALUE + $500
Statute: CR.6.301Description:MAL DESTR PROP VALUE + $500
Amended Date: CJIS Code:3 4030MO/PLL:probable Cause:X
Incident Date From: 03/04/2010 To: 03/04/2010 Victim Age:
Charge No: 003Description:BURGLARY-FIRST DEGREE
Statute: CR.6.202Description:BURGLARY-FIRST DEGREE
Amended Date: CJIS Code:2 3000MO/PLL:probable Cause:X
Incident Date From: 03/04/2010 To: 03/04/2010 Victim Age:
Charge No: 004Description:BURGLARY-THIRD DEGREE
Statute: CR.6.204Description:BURGLARY-THIRD DEGREE
Amended Date: CJIS Code:2 3020MO/PLL:probable Cause:X
Incident Date From: 03/04/2010 To: 03/04/2010 Victim Age:
Charge No: 005Description:BURGLARY-4TH DEGREE THEFT
Statute: CR.6.205.(c)Description:BURGLARY-4TH DEGREE THEFT
Amended Date: CJIS Code:2 3040MO/PLL:probable Cause:X
Incident Date From: 03/04/2010 To: 03/04/2010 Victim Age:
Charge No: 006Description:TRESPASS: PRIVATE PROPERTY
Statute: CR.6.403Description:TRESPASS: PRIVATE PROPERTY
Amended Date: CJIS Code:2 2220MO/PLL:probable Cause:X
Incident Date From: 03/04/2010 To: 03/04/2010 Victim Age:
 

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