NYC Contractor Fraud Lawyers
Contractors are very important individuals that provide a variety of different services to ensure real property is built well and properly maintained. Those that are successful contractors will have an easy time winning new business and can be very well compensated. One of the worst legal issues that a contractor could be involved in would be a contractor fraud case, which could be either federal or civil. There are a variety of examples of contractor fraud and punishments can be significant.
Examples of Contractor Fraud
One of the most common forms of contractor fraud occur when a contractor accepts payment for a job in advance and never does the work. In these situations, a contractor will normally fall behind in schedule and either never do the work at all or will leave a job partially completed.
Another example of contractor fraud is if a contractor poses as one that is licensed and bonded, but does not actually have the credentials that they have portrayed. Even if they are able to do a good job and get the job done well, the contractor could end up being charged with fraud for doing the work and accepting payment. A contractor could also be charged with fraud if they did not receive the right permits to complete a specific job or task.
The third common example of contractor fraud will occur when a contractor actually steals information from a client. When you have a contractor complete a job in your home, they will have a lot of access to personal materials around your home. In these situations, a contractor could steal personal items or information from a client. If they are charged with contractor fraud in these cases, they will likely also be charged with theft and a variety of other types of charges related to the same crime.
Punishment for Contractor Fraud
If you are charged and convicted of contractor fraud, you could be facing some significant penalties. In most cases where a contractor does not do work in which they had promised to do, a contractor could face fines and other monetary penalties including paying back the customer for money that was taken. In some of these situations, a contractor could also lose their license for a temporary or permanent basis.
If there are more serious fraud charges, a contractor could face a more severe penalty. If the fraud resulted in an accident that caused an injury or further damage, the contractor could face more significant penalties. In some cases, this can include jail time and more significant penalties. However, the vast majority of contractor fraud charges do not result in imprisonment.
Common Defenses for Contractor Fraud
While contractor fraud can come with a lot of severe penalties, there are also a number of ways that you can try and defend against the charges. One of the most common ways is to state that you had not yet defrauded a customer and that you intended to get the work done. While the start or completion of a project can take longer than you initially wanted and the customer is frustrated, it will not necessarily mean the contractor was committing fraud. In these cases, it is normally easy to prove that you intended to start or finish the job.
If you are charged with fraud for a lack of license, you can fight the charges by stating that you believed your licenses were in order. Licensing is complicated for contractors and you may believe that you are licensed while you are really not. In these cases, you could claim that you were naive and believed that you had all of your licensing in place.
Depending on how the information for your charge and arrest was obtained, the police department may have not followed proper protocol. In these situations, you could have all of the charges dropped entirely if your rights were not properly represented by the police department.
If you are charged with contractor fraud, it would be very beneficial to hire an attorney that specializes in defending these types of cases. A NYC contractor fraud lawyer will understand all of the quirks that go into the law and will be able to work with you to develop a plan to fight the charges. They will also have a relationship with the prosecutors and may be able to help you to negotiate a lesser charge that will come with a lower penalty.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic