My question involves a consumer law issue in the State of: VA
We hired a family friend to finish our basement and build a deck and patio in Feb 2010. The contract was for $60,000. . He stopped coming after 4 months and gave us every excuse in the book. In October we met to discuss finishing(deck, patio and basement kitchen cabinets). He said we went over budget by $14,600. My wife agreed that we did in fact add a few things that drove the cost up and he definately under bid the job so we just wanted it finished and move on. Since we did not have $14,600 in cash on hand we paid him $6,000 in checks and gave him written permission to use our credit card for Deck and Patio supplies only. Well when the bill came in he bought the deck materials only and he charged $8600 for his own personal use(cell phone bill, electic bill, and heavy equipment rental for another job). Needless to say the patio and basement kitchen is not finished and we are now out the $14,600. My question is did he commit fraud and can I have him prosecuted for this and also grand larceny since I advanced him money and materials and he will still not finish the job . Appreciate the feedback!