Fraudulent Charges

[nardo1984]

What is the name of your state (only U.S. law)? California

Had a house fire. Insurance will pay for repair. I hired a General Contractor. We signed a contract that they would be working for me and not the insurance carrier. They would just be a 3rd party and pay the bills. This contractor was a piece of crap. They said they would be done in 6 weeks. Which seemed right to me. It took them 5 months. With no letters noting any delays. Then when the submitted a signed final estimate is included 15 fraudulent charges that they did not do and do not deserve to be paid for. The biggest being that there was a 100,000 BTU heater that they were suppose to install. They billed for the 100K unit but tried to sneak in a 75,000 BTU unit. Crooks. The other things they charged for is like cabinets they did not install, lights they did not install, charged for an upper firewall that isn't there, charged for painting garage door 2 coats each side but only did one coat, charged for electrician, roofer, metal worker, siding worker,etc...all of which were never used at my house. Fraud!! Can I still sue them personally since the contract was signed between them and me? I have not signed their authorization to pay form. And they are not pushing for me to do that. Have they breached the contract so that it is now void? Please let me know what you think I can do with this.

 

[Hot Topic]

Confusing. The GC said he would be the third party and pay the bills, then he had etc., etc. done on the house? Did he say they would be done in six weeks or put in the contract that they'd be done in six weeks? Did you check out the GC's background, get references from other homeowners before you signed the contract with him? Did you check regularly on the work he was doing or supposed to be doing?

No one here can tell you for sure about what the outcome of a trial would be without reading the contract and examining the house.

I would check with a lawyer specializing in construction to see what remedies there might be. It just doesn't sound like the GC was supervised.

 

[nardo1984]

fraud charges

No the insurance company is just a 3rd party and will pay the bills. the contractor is licensed and no complaints with the BBB. They are bonded and have the correct insurances. They gave me a paper with an estimate time of completion in 6 weeks. They took 5 months. My concern is that they gave an original "scope of work" or estimate. On the final estimate they included 15 charges that they did not do the actual work at my house. Yet they are submitting the bill for this work in their final estimate to the insurance company. The contract is between me and them not the insurance company. I could just tell the insurance company and ya they would take the cost of those items off the list. But that just isn't a justifiable penalty to this contractor. Seems to me they just have never been caught. I could go to district attorney for fraud charges. Fraud is a felony in CA. Since the contract was with me, and the fraud charges are actually against me and my insurance policy I want to take them to court for actual costs to fix the fraudulent items and I would want the judge to smack them with punitive damages so that they do not do it again. Contractor fraud is bullcrap on unsuspecting people who rely on their professionalism. Later on I will contact the state contractor licensing board and have them investigate also. This contractor stunk and I think they should be penalized for their stupidity. Heaven knows I was for hiring them. Though all the research on them did not pull up anything bad, so what can a guy do but believe in what is out there for information.