He has a contract with false information and we believe, the general contracter is in on it, as well, the building inspector said all the work was done correctly and in a timely matter, the check from the bank for my brother was paid to the home owner, and I believe, the check had both the home owner who is a (lawyer) and the gc, general contractor's names on it, the amount my bother was owed is 14,000.00, and I believe this is conspiracy to commit fraud as well as fraud and theft of service, the info and evidence, was turned over to the detective, but he said he can't promise anything, my brother is going to loose his house, because he has no money, what can we do, how long do we have for a mechanics lein in Phila, PA. and why can't the police arrest them they have all the proof .
Ordinarily the police will not get involved in a civil dispute. You must therefore specifically request to file a criminal complaint. Contact your local precinct or the District Attorneys office for assistance. Did your brother sign a lien waiver with the GC? In the absence of the waiver the subcontractor must give the GC and homeowner preliminary written notice of the intent to file on or before the completion date of the work. You then have four months after the completion date to formally file the lien.
Be advised that I am only licensed to practice law in the Commonwealth of Pennsylvania. Furthermore, no portion of this answer or followups thereto should be construed as legal advice or as functioning to create an attorney client relationship between the questioner and myself. My responses offered on this website are for general informational purposes only and do not in any way substitute for the advice of counsel from a licensed attorney in the questioner's home state. You are strongly urged when dealing with any legal issue to consult with a licensed attorney in order to be made fully aware of your rights and responsibilities in a given situation. Please also be aware that there may be applicable statutes of limitation which bear upon your particular matter and that could potentially limit or eliminate entirely legal claims and/or other rights which may be important to you.
Contact the local DA's office if you believe there is some type of fraudulent contracting going on. You can contact a local attorney who works in construction or contract matters to better assist you. Do it as soon as possible since time is always of the essence.
Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.