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  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Default Builder Won't Finish Even Though We Paid Him

    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!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Builder Won't Finish Even Though We Paid Him

    If you gave him money, and gave him permission to use your charge card to make charges up to a certain figure, that's not fraud. We have no information about how much is left to be done.

    If he hasn't completed the work he was contracted to do and won't complete it, you're free to sue him. Typical contract damages would be diminution in value or the reasonable cost of completion.

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