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

UPDATED: Sep 30, 2022

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UPDATED: Sep 30, 2022Fact Checked

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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