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Question DetailsAsked on 4/14/2017

i bought a yard barn my cotractor piced it up but never delivered it can i press charges

i went with my contractor and bought a yard barn he said he was going to take it to his shop ,assemble it then deliver it

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2 Answers

0
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I would contact him, first saying you want it delivered - but I am afraid you have been scammed, because uynless small and he has a good sized flatdeck trailer to transport it on, this sort of thing is assembled on-site.

If he does not respond or refuses, you can file a theft claim with the police, but because you willingly provided it to him they are likely to say it is a civil matter. If you insist they may open a case of Theft or Misappropriation of Entrusted Property, depending on your state. However, the contra tor is probably going to argue you gave him the shed - either as a gift or he still intends to assemble and install it, in which case the theft charge probably will not be pursued.


Other option is to go after his Bond to have the bonding company either reimburse the cost of the shed, or have another contractor take possession of it (if it still is in first contractor's possession) and install it.


If he is not bonded, you could go after his business insurance (he was bonded and insured, right ?) under his liability coverage.


One thing you could do - hopefully you have the receipt proving payment - is to check with store to see if he returned it for a refund - pocketing the money. That would be a common scam.

Answered 1 year ago by LCD

0
Votes

I would contact him, first saying you want it delivered - but I am afraid you have been scammed, because unless small and he has a good sized flatdeck trailer to transport it on, this sort of thing is assembled on-site.



If he does not respond or refuses, you can file a theft claim with the police, but because you willingly provided it to him they are likely to say it is a civil matter. They are going to want proof you tried to contact him, so I would do a Certified Return Receipt Signature Required letter, keeping the receipts and copy of the letter as proof you sent it.



If you insist they may open a case of Theft or Misappropriation of Entrusted Property, depending on your state. However, the contractor is probably going to argue you gave him the shed - either as a gift or he still intends to assemble and install it, in which case the theft charge probably will not be pursued.



Other option is to go after his Bond to have the bonding company either reimburse the cost of the shed, or have another contractor take possession of it (if it still is in first contractor's possession) and install it.



If he is not bonded, you could go after his business insurance (he was bonded and insured, right ?) under his liability coverage.



One thing you could do initially - hopefully you have the receipt proving payment - is to check with store to see if he returned it for a refund - pocketing the money. That would be a common scam.

Answered 1 year ago by LCD




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