Consumer Law, Warranties Contractor Bailed with Money and Unfinished Job

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bkboggy

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Hope I'm posting this in the right place. I never thought I'd be in this situation... but a lesson is a lesson, even if it's an expensive one. Back in June I hired a guy to do Wrought Iron for a fence and I wanted to have an imitation stone for the base and columns. I also wanted to add a second driveway and connect the two with a semi-circle driveway. I asked the Wrought Iron contractor if he knew anyone. He introduced me to two other contractors who specialize in concrete. After reviewing their previous work and talking to them, I chose one. Fast forward... I have not heard from the concrete fella in 1.5 months after giving him $20,100 in 3 payments for the materials he needed to order (yeah... right). Up to the point when he disappeared (in the beginning of August) he laid the concrete driveway and started the base for the walls and columns (maybe around $6,000 work of work or less). I was finally able to get a hold of him via text message.... he doesn't even have the decency to reply to my emails or answer my calls. He tells me he never ordered the materials, does not have the money and he's broke (has a BMW). I researched CSLB and BBB, it appears both have 2 complaints with similar situations... I should have done my homework, right? Right... On top of that, guy is unlicensed (expired), in violation of California B&P Code section 7028 (misdemeanor). Since this is a "Civil" matter completely, Sheriff won't even do a report for the misdemeanor (even though, it carries of penalty of up to $5,000 in fines or up to six months in jail). Go figure. I filed complaints with BBB and CSLB and now looking for a lawyer. Problem is I got no money for any upfront attorney costs (and all of them want like $100-200 for 1 hour of consultation before they take the case), my wife is pregnant and is due in 2 days, I'm paying interest rate on the money he stole, and I'm exhausted from working over-time all the time.

What am I to do? I'm so stressed right now between being over-worked, waiting for the baby to come and now this.... I'm lost.
 
There is no good solution. In situations like this, an ounce of prevention is worth a pound of cure. Having a contract with clear dates, partial performance payments and failure to complete penalties is really needed unless you trust the contractor.
 
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