Builder Took 7K from us for services not performed. How do I get it back?

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Builder Took 7K from us for services not performed. How do I get it back?

I am building a house with Megatel. They had a builder named Tim Burke who approached me and said that he could connect me with his contractors to provide me with better deals if I worked through them. Tim had told me that if I work directly with his insulation contractor I could save 3K. I left a check in his office for 7,125 and in the memo I wrote

Asked on October 14, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An employer is not responsible for the criminal actions of its employees or contractors as a general rule: while there are exceptions, they generally involve the employer causing or directing the criminal act. Based on what you describe, the developer is most likely not responsible for the builder's actions, since they did not direct or cause him to do this. What you can do is to file a police report and look to press charges against the builder for theft; and you can also sue him personally for "theft by conversion" to try to recover your money.


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