our hoa hired a contractor to come in and complete the cleanup, demolition and mold remediation post harvey. The contractor quoted a single price for each unit that would be done. ( different units had different levels of necessary cleanup) however, 70% of the units had already been completed by the individual owners. Thus, they didn't need anything done. This contractor billed for every single unit. Claiming that if they even walked in, they charged for it. This is outright fraud. We have now gathered proof from each individual owner showing that they had already paid for the work to be done. The previous hoa board paid the contractor for invoices turned in. They never verified whether the units being billed for actually were in need of the work.. After exhaustive auditing and gathering all the information. It appears the contractor turned in invoices and was paid almost $215,000. Out of this 215,000 , approx 114,000 was for work on units that had already had the work done.! Is there any legal remedy to recover the money . I believe this contractors actions rise to the level of criminal fraud. He created invoices for work that was not done, and received payment! help
You will have to prepare an accounting for what you believe the contractor earned, and compare that against what the contractor invoiced.
Then, you should consider preparing a letter to mail by certified mail, return receipt requested, to the contractor to set out the facts and to request the relief that you want. Attach your accounting to support your position. Make sure that the letter is professional and businesslike, as it may be evidence later.
If the contractor does not provide an accounting to your satisfaction or does not refund sufficient money, then you should consider filing suit to recoup the overpayment. You should consider retaining a construction attorney to evaluate the contractor's invoices, and support for your claim.
Start with a review of the contract. If the contract doesn't justify payment to the contractor in the amount paid, then yes, the HOA probably has a case. Have an attorney look at it.
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