Contractor Took The Money And Didn't Do The Work

[vvickie2000]

Signed contract on Nov 13th,2007 for a 16 X36 building, 12 X12 building, garage remodel into a den, carport, and privacy fence. gave the guy 1/2 up front, $9400.00 He was to start in 1 week, said glad for the work as someone had cancelled on him and didn't have work for his crew. He cancelled 6 times before delivering a 14 by 30 building, which I agreed to in order to get Something done. He was there 4 hours. Since then, he has cancelled 9 more times, and has done Nothing. However, he said he needed more money, and I stupidly gave him the rest, so paid the total $16,100.00 Have had no work other then the one building. He said he is sooooo busy, just can't get to us. Asked for my money back, said he doesn't have it. Is there any legal charges I can have him charged with? How long is long enough? I don't know I'll get anything if I sue. Can I put an ad in the paper to warn others about him if every thing I say is absolutely true. I live in Texas. Just talked with him, willing to bring a 10 X12 building and do the rest "a little along", not acceptable to me. What are my options? Do I file charges in the county where the work is to be done, or in the county where he lives?

[Mr. Knowitall]

My suggestion is to take the second building and have him do as much of "the rest" as he will, then to file complaints and sue him for the balance. If you don't, you'll be waiting even longer to get the second building. And if he is broke, getting your money back may be extremely difficult or impossible.

If he's a licensed contractor, you can file a complaint with the licensing authority.

The police are likely to regard this as a civil matter, although some states (I'm not sure about Texas) have statutes which authorize criminal charges against contractors who spend money that they are supposed to be holding and applying to a particular job. If you try to file charges, you go to the police in the county where the alleged offense occurred, which would be where work is to be done.