Being a contractor comes with a lot of issues. You have to ensure that your job is done on time and up to par. Sometimes, you may come across clients that you can’t please, no matter how hard you try. This type of clients won’t mind suing you for contractor funds even when you finished on time and met their expectations. They will always come up with one excuse for that. Sometimes, a grumpy client may claim you stole something, when that is far from the truth.
When this happens, what do you do? Do you ignore their threats or get a contractor fraud lawyer in Orleans in case they decide to sue? If not handled well, you may end up losing your practice, permit, or reputation.
What is Residential Contractor Fraud in Louisiana?
According to the state laws, contractor fraud means the deliberate collection of something that has a value that is owned by another person, when consent hasn’t been gotten. It also involves taking the item through a fraudulent manner, when such a person was contracted to carry out a renovation project in the house.
When someone is given a contract to renovate a residential building, and such a person takes anything out of there without consent or via a fraudulent manner, then it is a case of residential contractor fraud.
You need a contractor fraud lawyer in New Orleans from a reputable law firm like Barkemeyer Law firm to handle your case if you are being sued for residential contractor fraud.
A case of deliberate taking is seen when the contract does these things below:
Being charged for contractor fraud doesn’t only mean taking things that do not belong to you, without consent. It involves more and they are explained below:
When a contractor fails to carry out any job within a period of 45 days or more, after payments have been done, it can be seen as contractor fraud. There is an exception to this when it is shown in the contract. If the contract stipulates a longer period than 45 days, then contractor fraud occurs only after that period stimulated.
When a person makes use of an employee or agent to get another person to enter into an agreement that involves home renovations, it also includes when the person using false promise gets someone else to join such a contract with him or her.
When a person destroys the property of someone else in a bid to get them to enter an agreement with them to undergo home improvements, it doesn’t matter if an agent was used. If you have been sued for this, you should get a contractor fraud lawyer in Orleans to take care of it. Don’t go around making incriminating statements.
When a person creates material in a bid to represent a fact while applying for a permit, it is seen as contractor fraud. This goes to show that contractor fraud doesn’t only encompass the offense committed by a person to another, to get them to enter an agreement with them. Forging a document to get the permit needed by any law of the land, be it parochial law, municipal law or state law is seen as contractor fraud.
When a person creates a material deliberately to misrepresent the fact of any lien that is on top of an item or property, this is seen as a case of contractor fraud.
When a person doesn’t get the needed license or permits to undergo home improvements stipulated by the laws of the municipal, state, or parochial, this is seen as a case of contractor fraud. At this point, you will need a contractor fraud lawyer in New Orleans to represent you.
If you deliberately employ a contractor that you know doesn’t have the needed license or permits, then it is a case of contractor fraud.
It was a different case when you didn’t know that the contractor didn’t have the needed license or permits stipulated by the parochial, municipal, or state laws. You won’t be penalized. If, on the other hand, you knew, then you will be penalized.
As for this case, your attorney can try and convince the court or the authorities that you had no idea that the contractor didn’t have the needed license or permits. It is important that when you have this charge brought against you, you contact an attorney from a reputable law firm like Barkemeyer Law Firm.
If it is noticed that the amount of below 500 dollars was taken deliberately or misappropriated, you may be sentenced to at most six months in prison. If you are fined, you may have to pay at most a thousand dollars. Sometimes, you may be expected to do both.
If it is noticed that the amount of at least 500 dollars was taken deliberately or misappropriated, but at most a thousand and five hundred dollars, the person is to be imprisoned, it should be at most five years.
If the person is to be fined or should be at most 2000 dollars, sometimes, it may be both.
If it is noticed that an amount of at least 1,500 dollars was taken deliberately or misappropriated, the person is to be imprisoned to a duration of at most ten years, with hard labor or not.
If the person is to be fined, it shouldn’t be above 3,000 dollars. Sometimes, it is both.
To determine the amount that was taken deliberately or misappropriated, the court usually adds the bill of the work that was done fraudulently to the law of the work that the contractor refused to do, not minding the fact that he was paid for it.
Apart from the penalties listed above, a person convicted of contractor fraud is made to pay in full to those that suffered any financial loss because of his inaction.
Are you facing a case of contractor fraud, and looking for an attorney to represent you? Contact Barkemeyer Law Firm today.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170