Should I, can I sue my contractor

[shelley7180]

I live in Ohio and hired a contractor to install a concrete patio in October. The total price for the job was $1700.00. We had no written contract, only verbal and a receipt with the amount for the job. (I know I'm an idiot so please no need to restate that fact.) I was to pay him a 50% deposit to start the job, and the remainder when he completed the job. He had an "issue" with his bank account, because someone wrote him a bad check, so I had to pay for the $657.70 for concrete out of my pocket. The job is only 75% complete, this means that I have technically overpaid him by approximately $230.00. He is refusing to return my calls and he left a large pile of lumber and trash in my back yard which I will have to pay to have removed. In addition, he agreed to return a few non-job related items to Home Depot for me since I did not have a truck to get them back. (They were delivered by HD.) Home Depot issued a gift card for approximately $170.00. He has had this for over a month now along with the receipt, and has not given it to me. (I have asked SEVERAL times for that along with the receipt for the concrete.) Can I consider the gift card "stolen" and file a police report? Also can I sue him for the cost of the trash removal, the over payment since he left the job unfinished, and the amount that was to have been on the gift card?What is the name of your state (only U.S. law)?

 

[racer72]

Can I consider the gift card "stolen" and file a police report?

No.

Also can I sue him for the cost of the trash removal, the over payment since he left the job unfinished, and the amount that was to have been on the gift card?

Sounds like a plan, Stan.

 

[scarpia]

I'm not sure about the gift card. Why did they give it to him?

Do you have photos of the mess he left? Get an estimate of how much that will cost and send it to him. Maybe that will prompt him to do something. You can also give him a bad review on websites like Angie's list. Or the yellowpages.com. I did that with a dentist who butchered me to warn others a way from him.

 

[DuckyH]

Don't forget to also notify the contractor licensing agency in your state about this defective / unfinished work, at least to leave a paper trail showing you complained.

The fact that he insisted on cash with 50% upfront and nothing in writing should have been a big clue to you that the outcome would be less than ideal. Hopefully he at least finished the majority of the work and you only had to do cleanup yourself.

That gift card is long gone, and there is no paper trail for you to use to claim anything since you did not get any paperwork from that contractor. The store issued a gift card for the returned merchandise because contractor purchased it with cash/check/debit card to begin with. If purchased with a credit card or on a contractor account the store would have issued credit back to the card or account. Any proof that does exist would show that the contractor owns the merchandise that was returned to the store.

Sorry that it's so bleak. Just out of curiosity why did you trust a total stranger to do work on your house without anything in writing, and hand over so much cash without getting a receipt?