Taking the contractor who worked on my house to court..... (installation, kitchen)
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Hi,
I hired a contractor to redo my kitchen. he said it would take a few days after the cabinets arrive from the company.
we agreed on about 8k total including the cabinets and labor and everything. I paid for the cabinets myself on my credit card and paid him a 1000 check to start and another 800 cash in a couple of days.
long story short, he didn't get the job done; abandoned us in the middle of the job and i started doing the installation myself. I found out midway that he had installed the wall cabinets UPSIDE DOWN!!!!!
anyway, i fixed everything and the kitchen is done now. after 3 weeks total.
I wanted to know if i can take him to small claims court to take back my 1800 bucks that i paid him and what you think my chances are.
ps. He told me he has a class A and C license and provided evidence that must have been falsified; because i've since found out that he doesn't have a license.
In Virginia, an individual does not hold a contractors license, a business does. The class designation indicates the size of the project the business can undertake. I have never heard of a contractor holding both a class A and C license.
If you have a license number, you can bring it up with the Virginia Board of Contractors. Your municipality also may have some resources available to you.
Otherwise, it sounds like you have learned a very expensive lesson.
Hi,
I hired a contractor to redo my kitchen. he said it would take a few days after the cabinets arrive from the company.
we agreed on about 8k total including the cabinets and labor and everything. I paid for the cabinets myself on my credit card and paid him a 1000 check to start and another 800 cash in a couple of days.
long story short, he didn't get the job done; abandoned us in the middle of the job and i started doing the installation myself. I found out midway that he had installed the wall cabinets UPSIDE DOWN!!!!!
anyway, i fixed everything and the kitchen is done now. after 3 weeks total.
I wanted to know if i can take him to small claims court to take back my 1800 bucks that i paid him and what you think my chances are.
ps. He told me he has a class A and C license and provided evidence that must have been falsified; because i've since found out that he doesn't have a license.
thoughts?
This one is so easy (assuming all the information here is complete and accurate).... Small claims is simple... may just take some time. If the licenses are falsified (and one is actually required to do the job), now we are dealing with fraud. If the latter is the is the case, then you just need to consult an attorney, and then the state will take over the licensing issue.
In Virginia, an individual does not hold a contractors license, a business does. The class designation indicates the size of the project the business can undertake. I have never heard of a contractor holding both a class A and C license.
If you have a license number, you can bring it up with the Virginia Board of Contractors. Your municipality also may have some resources available to you.
Otherwise, it sounds like you have learned a very expensive lesson.
Quote:
Originally Posted by SuperSparkle928
This one is so easy (assuming all the information here is complete and accurate).... Small claims is simple... may just take some time. If the licenses are falsified (and one is actually required to do the job), now we are dealing with fraud. If the latter is the is the case, then you just need to consult an attorney, and then the state will take over the licensing issue.
thanks.
I found out that "there is no business license" which means that he lied to me and provided me with false information/documentation.
what are my chances of winning a case based on the information i've provided you? the information is accurate and i haven't exaggerated anything. what documentation/proof will i need to provide? what do i need to watch out for?
ps. i have taken my HOA to small claims court before and have won. so i'm familiar with the 'process' but was wondering about details pertaining to this case in particular.
The unlicensed bit can make things really interesting depending on what state you're in. Unlicensed contracting is a felony criminal charge in Florida. (Strict laws down here in that regard because post-hurricane rebuilds bring out the scammers.)
No contractors license and no business license?
And I'm sure the question of General Liability and possibly Worker's Comp. didn't come up- doesn't matter, probably didn't have that either.
The fraud is criminal- that's just a matter of pressing charges. If it ever sees a courtroom is very doubtful. More than likely he would either plead guilty or arrange a plea deal- If (and a big IF) it even got that far. Remember it's up to the prosecutor to formally bring charges based on information from you, and/or anyone else who may have been a victim at the hands of this sorry excuse of a business person (I'm trying to be nice).
The small claims however easy, isn't. Just because you get a judgement against somebody like this- very rarely do you ever see a dime of that money.
No contractors license and no business license?
And I'm sure the question of General Liability and possibly Worker's Comp. didn't come up- doesn't matter, probably didn't have that either.
The fraud is criminal- that's just a matter of pressing charges. If it ever sees a courtroom is very doubtful. More than likely he would either plead guilty or arrange a plea deal- If (and a big IF) it even got that far. Remember it's up to the prosecutor to formally bring charges based on information from you, and/or anyone else who may have been a victim at the hands of this sorry excuse of a business person (I'm trying to be nice).
The small claims however easy, isn't. Just because you get a judgement against somebody like this- very rarely do you ever see a dime of that money.
so i shouldn't proceed with the small claims court?
i want my money back....i don't necessarily care about pressing charges is it doesn't mean me getting my money back.
In Calif if you hire a contractor and he does a perfect job in time and you're completely happy with everything, but he doesn't have a license, you don't have to pay him. It's not legal to charge for work if you don't have a license. Of course you would be glad to pay for a perfect job, I was making a point...
If your state has such a law, your case is a slam dunk...!!
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