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Contractor violated Good Faith

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stunnedinri

Junior Member
What is the name of your state? RI.

We hired a contractor to repair our roof after storm damage in Oct 2005. He was given an initial 2,000.00 before he started. The total of the job was 7.600.00. He drafted 2 different estimates for our insurance company and was told directly that we were filing on our homeowners.
He was supposed to complete the job in 3 days and complete cleanup.
To make a long story short. He showed up after being gone for 3 days, at 7pm at night while my husband was away, without notice to collect payment for the job. He had 4 grown men with him and I was rather intimidated I guess. I informed him the job was not complete and the insurance check had not come in as of yet. He asked for a post dated check to hold in good faith. I, like an idiot, post dated the check (for the full amount of the job) for him to hold until the insurance check arrived. He went that night to his bank and deposited it. Of course, it bounced. He then started harassing me and threatening me with criminal action if I did not give him another check to hold. I gave him yet another one to hold for the full amount and paid him 2,000 more towards the 7600.00 tab. He's been paid 4,000.00.
He disappeared after talking to my husband and promising to arrive on the 17th of December. He showed up again late one evening thinking I was home alone as my husbands truck was gone (i had gone to a christmas party with my son) and demanded payment in full from my husband. My husband told him when the job was done, he would be paid in full. He promised to return right before Christmas to complete. He never showed up. He never called. We filed a complaint against him with BBB of Rhode Island.
Last night (December 30), I arrived home with my daughter from shopping around 6:30pm and he was waiting for me in the driveway. My husband had been home with our other kids the entire time. The man became aggressive and tried to force his way into our home after my husband told him that he was to finish the job to get the balance of what was owed. He was screaming obscenities and banging on our door and was told numerous times to leave the property. We ended up having to call the police to have him removed.
Now, my problem and what I am unsure of. He does have a check for the full amount that has been returned by my bank 2x. He knew that there was not enough money to cover it as I gave him a deposit slip and he swore he would not try to cash it. Now having paid him 4,000.00 I do not know whether or not he can try to file charges against me (a felony) for a 5,700.00 check. If I paid him the check, he would have made 9,700.00 for a 7,600.00 job that is STILL NOT DONE.
In fact, his crew damaged our chimney, gutters were left laying on the ground, ridge caps were not put on, trash and nails are all in my yard and the roof is still NOT finished.
What should I do? any advice on how to handle this?
thanks
stunnedinri
 


garrula lingua

Senior Member
?? Have you stopped payment on the check you gave him ?

Why hasn't the insurance payment resolved all arguments about the money ?
Did you get the ins pmt and spend it on other things ?

Sounds like you're stiffing him.
It also sounds like a civil case - both your contention that the K'r didn't earn the $, and his contention that he wasn't paid.
 

weenor

Senior Member
Make sure the $5,7000.00 check is no good- stop payment or whatever. Then let him sue you for the money. He will try to put a lien on your house for any work done but not paid for. He will have to prove the work was done.
 

stunnedinri

Junior Member
more facts

Our mortgage was sold and the initial check was endorsed incorrectly. The new mortgage company requires payment to contractors in thirds only and an independent inspection of work once it's completed. They will not release the check until all their requirements are satisfied.

As for garrula lingua's comment..please go bother someone else with your negativity. I didn't come to this forum to get flamed by someone who feels powerful behind a monitor. But to answer the question for all to see.
1. No, haven't spent the monies on other things.
2. I paid him the required monies at the correct phase of completion as stipulated in the estimate.
3. Why would I pay for a services not rendered and what services were done is in fact below standard? Would you pay a contractor who ripped the flashing off your chimney and didn't replace it only to have water pouring down the walls of your structure?

thanks for the helpful posts and ideas...
stunnedinri
 

garrula lingua

Senior Member
Right.

You ranted, but you still didn't answer.

Did you stop payment on the check ?

If so, then you two have a civil dispute about the work done/pmt made.

Other than that, what is your question for the criminal forum ?

Who do you think committed a crime ?
 

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