Contractor took deposit and ran? Recourse?

I was looking for some cabinet work to be done at my home and in talking to a well known acquaintance found out that he had used someone good and reasonable that could do the work I wanted done. The acquaintance came with the "contractor" to translate as the contractor was Hispanic and did not speak English well, and the acquaintance speaks fluent Spanish. We agreed on the work to be done, a price, and a timeline.

I gave the guy doing the work a 30% deposit to begin and a piece of cabinetry that he would be modifying. He was supposed to build the cabinets and have them installed within 1.5-2 weeks. Now it is 4 weeks past that (six total) and I have seen nothing. The acquaintance will not return my calls/texts/emails for the past 2 weeks. At this point, I can only assume that the guy is never going to show up and do the work. Don't know if he ever intended to. I don't know why the acquaintance won't return my messages, other than that he can't get ahold of the contractor and he is embarrased that his "recommendation" screwed me.

In hindsight, I know that I was way too trusting and made a lot of mistakes:

1) I didn't get contact information for the contractor
2) I don't have a written agreement
3) I gave him money (and a piece of my cabinetry) up front

I'm sure there's more. I'm also sure I will get berated for my gullability, but all I really want to know is if there is any possible recourse I have against the contractor? I assume I do not, based on the facts, but I want to be sure.

Bonded and insured?

jeffreye said:   Did you pay via cash, check, or credit? If check or credit, try to do a stop-payment. If cash... a crowbar and a couple of big friends might come in handy?

Check. That was six weeks ago and payment cleared so I don't think stop-payment is an option.

jeffreye said:   Did you pay via cash, check, or credit? If check or credit, try to do a stop-payment. If cash... a crowbar and a couple of big friends might come in handy? This, except if you paid in cash, call it a lesson learned and move on.

a fool and his money are soon parted

They didn't tell you the acquaintance got 10% of the easy money.

GreyRabbit said:   I think you need to further define acquaintance. And the time of the relationship.

It is a very sticky situation.

Someone with whom I have had a good working relationship with for about 4 years. He worked for a company that my company and I do a lot of business with. We have hung out socially a little as well.

qcumber98 said:   They didn't tell you the acquaintance got 10% of the easy money.

I know the acquaintance well enough to know that he wouldn't damage the relationship over 10%, or even 100% of what I paid the guy, which is about $500.

ratdaddy said:   BondGamer said:   If he didn't do any work then you can easily sue him for work not performed and breach of contract. Make sure he does not show up one day and attempt to work or you will be regretting it.

3) I gave him money (and a piece of my cabinetry) up front
This is not a mistake. Any good contractor is going to require a downpayment for materials and initial labor costs. It usually goes 30% to start, 30% at project midpoint and the rest upon completion.

I think your biggest mistake was dealing with a contractor you were unable to communicate with. What are you going to do when he is working in your house and you need to discuss something with him?

He was to build the cabinets at his shop and then deliver/install them at my house. He did speak English a little, just not fluent.
So where is this shop?

You don't have his contact info, you don't know where his shop is, what kind of recourse do you want? Even a bunch of guys with crowbars can't help since you have no clue where to send them to rough him up!!

SUCKISSTAPLES said:   ratdaddy said:   BondGamer said:   If he didn't do any work then you can easily sue him for work not performed and breach of contract. Make sure he does not show up one day and attempt to work or you will be regretting it.

3) I gave him money (and a piece of my cabinetry) up front
This is not a mistake. Any good contractor is going to require a downpayment for materials and initial labor costs. It usually goes 30% to start, 30% at project midpoint and the rest upon completion.

I think your biggest mistake was dealing with a contractor you were unable to communicate with. What are you going to do when he is working in your house and you need to discuss something with him?

He was to build the cabinets at his shop and then deliver/install them at my house. He did speak English a little, just not fluent.
So where is this shop?

You don't have his contact info, you don't know where his shop is, what kind of recourse do you want? Even a bunch of guys with crowbars can't help since you have no clue where to send them to rough him up!!

I know, I know. Trust me I'm feeling really dumb right now. Just didn't get a bad feeling about it at that time although I know I should have.

Does it matter that the guy has my cabinet? Is it theft if he doesn't return it? I did allow him to take it at his request, but he was to return it within the 2 weeks along with the new cabinets.

you should get a DA award

since the guy cashed the check, cant you get any information from your/his bank?

Up to you, but using retard / tard as derogatory comments about yourself makes you look a lot worse than getting ripped off by a contractor and by not using a new ID to complain about it. Make you look more like a monolingual racist hick who doesn't know who to trust, and lacks the cajones (BALLS) to get justice.

Back on Topic.
I would repeated contact the well-known acquaintence and leave repeating voicemails, asking WHY he hasn't responded to you and WHY he won't help you resolve the issue with the contractor HE recommended (and NEGOTIATED with).

Furthermore, if the acquaintence was translating, he was acting as an agent (yours, the contractors, or both), and has culpability / liability in the situation.

If you want to be an A$$, leave him a voicemail saying you have no recourse but to sue him for the downpayment and the cost of the 1 cabinet.

IANAL, but know how to look for the loopholes, and can be an A$$!

and PS, NEXT TIME tell the contractor you are a blogger / frequent reviewer on Angie's, and require copies of DL and your own photos of anyone that works on your house... for your blog.

BondGamer said:   If he didn't do any work then you can easily sue him for work not performed and breach of contract. Make sure he does not show up one day and attempt to work or you will be regretting it.

3) I gave him money (and a piece of my cabinetry) up frontThis is not a mistake. Any good contractor is going to require a downpayment for materials and initial labor costs. It usually goes 30% to start, 30% at project midpoint and the rest upon completion.Well, that's not necessarily true.

We just completed a decent-sized addition and never paid anyone a penny until the work was done. I did buy the major materials (framing/block/roofing) separately and paid suppliers/stores directly, but never paid for any labor until completion. Even the HVAC guys, who are a fairly large company in town, didn't ask for anything upfront, just a partial at rough-in inpection and final after completion.

... Lesson learned, at least it was only $500. I'd move on and try not to feel to bad about it.
The reality is illegal aliens already operate outside the law, so you have zero recourse.

BondGamer said:   If he didn't do any work then you can easily sue him for work not performed and breach of contract. Make sure he does not show up one day and attempt to work or you will be regretting it. Yeah, because illegal aliens just walk their happy asses into court all the time.

Technologist said:   Up to you, but using retard / tard as derogatory comments about yourself makes you look a lot worse than getting ripped off by a contractor and by not using a new ID to complain about it. Make you look more like a monolingual racist hick who doesn't know who to trust, and lacks the cajones (BALLS) to get justice. LOL, I love how you talk about BALLS when you're the one complaining about language like a politically correct zombie schoolmarm. And in the same sentence deride rural caucasians who speak only one language... You, sir, are a retard.

if you are good runner, try to catch him

have you thought about turning the tables on the contractor?
what about setting up the contractor and catching him?
you could leave a voicemail for the acquaintance that you have another friend that also wants new cabinets as part of a kitchen remodel and that you wanted to refer the contractor since you have heard so much about the great work he has done. Tell him you will set up the appointment. you will have to have another friend involved to use their house. once you have a date/time setup, call the police and talk with a detective and ask if they can be there to help with obtaining your money back. play along with the trap until the contractor arrives. let them give your friend the estimate for new cabinets and discuss payment, etc... then you or your friend can casually ask about seeing the cabinets that are being build for you...need to see a sample of the work. at that point you can ask for a specific status and/or request a refund. the detective can demand to see id from the contractor and write up a report once they have heard enough and asked some questions. then you will then have enough info to determine how you want to follow up.

xit said:   have you thought about turning the tables on the contractor?
what about setting up the contractor and catching him?
you could leave a voicemail for the acquaintance that you have another friend that also wants new cabinets as part of a kitchen remodel and that you wanted to refer the contractor since you have heard so much about the great work he has done. Tell him you will set up the appointment. you will have to have another friend involved to use their house. once you have a date/time setup, call the police and talk with a detective and ask if they can be there to help with obtaining your money back. play along with the trap until the contractor arrives. let them give your friend the estimate for new cabinets and discuss payment, etc... then you or your friend can casually ask about seeing the cabinets that are being build for you...need to see a sample of the work. at that point you can ask for a specific status and/or request a refund. the detective can demand to see id from the contractor and write up a report once they have heard enough and asked some questions. then you will then have enough info to determine how you want to follow up.

That plan would work great... as long as everyone involved was very, very stupid.

There's no need for a cop - if you can trick the contractor into showing his face again, just proceed with the "thugs with crowbars" plan listed above.

What does your buddy have that is worth $500.

Have dealt with a similar situation for a friend....

1) Friend calls guy about needing work from another number
2) Give address of industrial building you have access to
3) He shows up to discuss work and your 4 heavy hitters with pipes/shotguns step out from behind boxes
4) He figures out really quickly that he should finish the work