Contractor forged signature on fake contract

[Dekel Kfir]

Jurisdiction

Massachusetts

While renovating a house we were flipping, we asked the city for a copy of the renovation permit. We were amazed to discover that the contractor submitted a fake contract with the permit application. The fake contract had smaller amounts of money (relative to the real contract), and had a fake signature of mine. The application fee is a percentage of the renovation cost, so he obviously did it to pay a lower fee to the city. The contractor agreed to surrender the real contract to the city (per our request), but only if we pay the application fee. We didn't want to be accomplices, so we paid the fee.

Then we decided to check the permit applications of two other houses he renovated for us in the past and discovered that also with these applications, he filed fake contracts. Each of these fake contracts had smaller amounts of money and a fake signature of mine.

What should we do?

 

[adjusterjack]

Forgery is a crime. Three counts. Probably felony level. Report it to the police and keep following up to make sure he's prosecuted.

While you are at it, report it to your state contractors licensing bureau.

Of course, if he wasn't licensed, and you hired him then your problems are on you.

 

[Dekel Kfir]

I am now confused. Is it my responsibility to supervise the city clerks to make sure they are not granting build permits to unlicensed entities?

 

[Dekel Kfir]

What kind of attorney do I have to hire for escorting me with this case?

 

[adjusterjack]

I am now confused. Is it my responsibility to supervise the city clerks to make sure they are not granting build permits to unlicensed entities?

Uh, yeah, unless you want stuff like this to keep happening. You ought to be pulling your own permits.

What kind of attorney do I have to hire for escorting me with this case?

A case for what? You would have had to pay the right fees anyway. And as long as your contractor managed to do the work properly you have nothing to sue for unless he charged you a higher fee. Then he owes you the difference and you can probably do that in small claims court without an attorney. If you want an attorney, any business attorney would do.

 

[Red Kayak]

Is it my responsibility to supervise the city clerks to make sure they are not granting build permits to unlicensed entities?

No. It is your responsibility to do some minimal research and reference checking before hiring people to do work.

For example: Check if your contractor is a registered Home Improvement Contractor

 

[Dekel Kfir]

Uh, yeah, unless you want stuff like this to keep happening. You ought to be pulling your own permits.



A case for what? You would have had to pay the right fees anyway. And as long as your contractor managed to do the work properly you have nothing to sue for unless he charged you a higher fee. Then he owes you the difference and you can probably do that in small claims court without an attorney. If you want an attorney, any business attorney would do.

I don't want to sue him, I just want a lawyer that will escort me with the reporting to the police. Of course I will need to pay the attorney for that, but I will have peace of mind knowing I didn't miss anything and did everything properly.

Would it still be a business attorney for that purpose?

 

[adjusterjack]

Would it still be a business attorney for that purpose?

No. I think a criminal law attorney would be more suited and would have contacts in the prosecutor's office.

 

[zddoodah]

What should we do?

You have no obligation to do anything. Anything you do is entirely your choice.

Is it my responsibility to supervise the city clerks to make sure they are not granting build permits to unlicensed entities?

The answer to the question is of course not. Why would you possibly think you might have such a responsibility? It may be in your self-interest to ensure a contractor is licensed before hiring him/her/it, but you have no legal obligation to do so.

That said, I guarantee you that no local building permit clerk checks on the status of the licenses of contractors who are seeking building permits.

What kind of attorney do I have to hire for escorting me with this case?

What case? Are you firing the contractor?

I just want a lawyer that will escort me with the reporting to the police.

I don't understand this. Why do you want a lawyer for this. If you want to report this to the police, just make a phone call or visit the local police station. Don't be surprised, by the way, if the police tell you they're not interested in this sort of thing.