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theft of personal property by contractor

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ChadinAZ

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

We contracted for an established painting company to paint the outside of our home. On the second day of work my wife noticed several pairs of earrings missing. We called the police, who checked for fingerprints (though nothing conclusive came up) thus there is no actual evidence of property being stolen, except my wife's knowing the earrings were there in the morning as one pair she was going to wear, but decided against it.

While painting, all the doors of the house were open so that they could paint the trim and frames. They also entered into the house on at least one occasion without permission to use the bathroom. The jewelry was located in another bathroom in the back of the house with a door that leads into a walled-off garden area - implying there was ample opportunity to carry out the theft.

The police requested from the owner the list of all employees who were on our property during the day, but the owner never provided that information. According to the police, the owner and his brother (who was foreman of the job) have a police record, not for theft though, many years ago (drug related). As well, there was a similar case against them, but it was discovered the theft had occurred much before the painters were contracted to do the work.

In the mean time, we have not made the final payment to the contractor which is just less than the total value of the jewelry stolen. He is now threatening to go to court.

As there is no direct evidence of theft, my assumption is that we will have to pay him what we owe for the work. However, we do have the contract that says "paid in full". Also, given his lack of cooperation with the police I am wondering if we have any basis for refusing to pay?

Thanks for any advice.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Arizona

We contracted for an established painting company to paint the outside of our home. On the second day of work my wife noticed several pairs of earrings missing. We called the police, who checked for fingerprints (though nothing conclusive came up) thus there is no actual evidence of property being stolen, except my wife's knowing the earrings were there in the morning as one pair she was going to wear, but decided against it.

While painting, all the doors of the house were open so that they could paint the trim and frames. They also entered into the house on at least one occasion without permission to use the bathroom. The jewelry was located in another bathroom in the back of the house with a door that leads into a walled-off garden area - implying there was ample opportunity to carry out the theft.

The police requested from the owner the list of all employees who were on our property during the day, but the owner never provided that information. According to the police, the owner and his brother (who was foreman of the job) have a police record, not for theft though, many years ago (drug related). As well, there was a similar case against them, but it was discovered the theft had occurred much before the painters were contracted to do the work.

In the mean time, we have not made the final payment to the contractor which is just less than the total value of the jewelry stolen. He is now threatening to go to court.

As there is no direct evidence of theft, my assumption is that we will have to pay him what we owe for the work. However, we do have the contract that says "paid in full". Also, given his lack of cooperation with the police I am wondering if we have any basis for refusing to pay?

Thanks for any advice.
You have no basis to refuse to pay.
 

ChadinAZ

Junior Member
Thanks for the reply. I assumed we have no basis for withholding payment, but I was hoping perhaps there was some angle I was missing! While I appreciate there is no hard "proof" of guilt, seems unfortunate that there is no accountability on the part of companies for the action of their employees and for creating a safe and protected work environment for their clients...

Thanks!
 

LdiJ

Senior Member
Thanks for the reply. I assumed we have no basis for withholding payment, but I was hoping perhaps there was some angle I was missing! While I appreciate there is no hard "proof" of guilt, seems unfortunate that there is no accountability on the part of companies for the action of their employees and for creating a safe and protected work environment for their clients...

Thanks!
Can you elaborate on your statement that the contract says "paid in full"?

Bottom line, if you have contractors at your home that have access to the interior of your home, then someone that you trust really needs to be present to supervise what is going on. No matter how well respected the company is, there is always the possibility that someone on the crew will get tempted to do something stupid.
 

latigo

Senior Member
. . . . . but I was hoping perhaps there was some angle I was missing! (?) . . . . there is no hard "proof" . . . . no accountability on the part of companies for the action of their employees and for creating a safe and protected work environment for their clients... (?)
Now there is a "missing angle"?! Could it be that the same shifty workman pilfered that as well?

"A safe and protected work environment for their clients"? You didn't mention working out of your home.

Incidentally, you don't have any "proof of guilt"! Neither hard, soft or even springy.

What you do have is either a wife that misplaced a set of earrings, which has never before happened in the history of womankind (including Cleopatra's gold lapis turquoise), or there was a transvestite in the painting crew.
 
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