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memarcus

Construction Fraud/Theft

memarcus
15 years ago

Over the last few nights my brother has informed me of a difficult situation he is in. The story goes like this.

A month or so ago there was a windstorm due to Ike in the area. My brother had some damage on his roof and needed a patch job and some siding fixed. All of the contractor's they called wouldn't provide an estimate (needed for insurance) since there was a plethora of small patch jobs out there. Many of them took more time to estimate than fix, thus the need for referral. My wife's cousin is a drywaller and knows many in the const. business and referred him to a general handyman aquaintance of his.

Anyway my brother and the handyman go over things and agree on a price. Money is paid and the patch job is completed and everyone is satisfied. Meanwhile the insurance company cuts a check to have the whole roof replaced so my brother talks to handyman about replacing the roof. They agree on a price and my brother cuts a check for materials. The check is promptly cashed and the handyman disappears. He cannot be reached via phone and cannot be located through relatives, they are all strangely tight lipped on his where abouts.

My brother tried to file a police report of theft or construction fraud and the cops refused saying it is a civil matter. But in Indiana there is a crime known as construction fraud (basically theft) specifically for this type of situation. According to a close lawyer friend this isn't a typical civil issue because no work was done at all. It would be different if some work was done and there was a dispute over that.

Also I realize he shouldn't have paid up front, a mistake on his part, but given the handyman's performance on the patch job he had no reason to suspect he was a con artist. Also being a referral, there was no expectation of deceit.

Anyone ever have this type of situation or advice on how to resolve? There's about $4K at stake and unfortunately if pursued via civil route the legal fees would mount quickly not to mention that assumes the guy can pay up. My brother is frustrated and doesn't want to pursue the issue and thinks its a lost cause, I'm trying to convice him otherwise because this dirtbag will rip off the next person too. Does anyone know of a way to pursue this criminally instead of civil? The police don't want to hear anything of it.

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