Roofer took my check and walked away!

[John Cicilioni]

This roofer has done a big project for me before. Lots of good reviews. Licensed and insured. I signed a contract for putting in a roof for 12800 total and 7000 down. I paid him 7000 via check. Received this email a month after I gave him the 7000. "I don’t know how to tell you this so I’m gonna come right out and say it. That day that you gave me the money, I lost it. I had it in an envelope in my jacket and several hours after leaving the bank I realized it was missing. I was all over that day and tried to trace my footsteps, but to no avail. I didn’t know how else to tell you other than to come right out and tell you I can’t keep stalling you. I don’t have the money to make it up. I have to make some kind of payments to you, but I think you’re gonna have to make other arrangements for a period of work that we did put in the underlayment down was worth $1300. So I owe you $5700. I am so so so so sorry it was my responsibility to caused this, I don’t know what to say. I can’t charge that kind of money on my account." I replied with this:  I am requesting that you either finish the roof job at (address) or return my payment of $7000 less a mutually agreed upon fee for you installing the synthetic underlayment. If you choose to finish the job I will pay you $5800 upon completion. If you do not refund the balance of my deposit or send proof of payment for the remaining materials as good faith towards you completing the project before Monday April 1st at 5pm, I will be forced to file a civil complaint, report you to the police and request that they investigate the situation and file criminal charges for theft, fraud and anything else they determine is applicable. I have been informed that criminal charges and court ordered restitution are not removed in bankruptcy and that people have been incarcerated for these types of offenses. Further if you do not comply I will file a complaint with the Attorney General of Pennsylvania and request they revoke your contractors license. I'll also make sure every real estate investor, zoning officer, inspector and contractor that I am acquainted with knows that you committed theft and fraud. I will be posting on Facebook, Craigslist including your picture and speaking to journalists at every local newspaper and television station if you do not comply. You have until Monday at 5pm. If you do not complete the project or issue a refund I will also bill you for whatever another contractor charges me to complete the project less a reasonable fee for the installation of the underlayment. If you are unable to refund the full amount we can discuss a collateralized loan and payment schedule." He is responding over and over again that I have no grounds to file fraud charges or theft because he" lost the money ". He also indicated that if I got a civil judgement he would just file bankruptcy. I intend to follow through with the" threats "in my email. I would only state verifiable facts" I paid him, he did not do the work" and keep it simple like that. At this point I would allow him to do the job on the original terms, or just want my 7k back less the work he actually did. Has any body dealt with this type of thing before. His emails to me make me feel guilty for going after him... What are the chances he actually cashed the check then lost the cash? What would everybody do?

[Jon Holdman]

Number one lesson here:  no cash up front!  At the most, a very minimal amount.

Exactly what happened to the money is not relevant to you.  Who lose track of seven grand in cash?  That sounds like one of those Vegas stories where someone claims someone stole their money out of the hotel safe when the reality was they gambled it away when drunk and forgot all about it.

I don't think all those threats are helpful, though.  I would have simply replied "Your personal finances are not my concern.  I just need you to complete the roof as specified."  Him losing the money does not void your contract.  You should certainly not feel guilty about requesting he complete the work.

Well, I don't fraud is applicable.  This is not, at this point, a criminal matter.  The two of you signed a contract, he took your money and now he's refusing to complete your roof.  Why is irrelevant.  Stick to that.  "When are you going to do my roof?" should be your focus.  If he does not complete it, I would indeed sue.  That's too much money to just walk away from.

You should be able to easily determine whether or not he cashed the check from your bank.