Florida kitchen remodeler arrested over $36,875 job, then hit with a second homeowner's lawsuit
St. Johns County deputies say the 40-year-old who owns Incredible Kitchen and Bath took $36,875 for a remodel and left the job unfinished; he was arrested Oct. 27. Three days later another homeowner sued, saying she paid the company $20,650 for a kitchen that was never started.
The first homeowner signed a $38,700 contract on April 23 and was told work would start five to six weeks later, according to the sworn arrest-warrant statement reported by Wealth of Geeks. Demolition started July 28, and the company's crew was last on site Aug. 20. When the homeowner went to deputies on Oct. 2, the company had collected $36,875. A plumbing subcontractor, Justin the Plumber LLC, had not been paid, although the homeowner had already covered the plumbing; the plumber agreed to wait and not file a lien, the homeowner told investigators. The Jacksonville Sheriff's Office made the arrest.
The warrant lists grand theft of $20,000 to under $100,000 and misapplication of construction funds, with bond of $5,000 on each count. Under Florida Statute 713.345, a contractor who is paid on a job must use that money for what is already owed for labor and materials on that job. Knowingly failing to do so is a felony, second degree when the amount is between $1,000 and $100,000. The owner has not been convicted; the charges are allegations.
The Oct. 30 civil complaint says the second homeowner paid a $14,750 deposit plus $5,900 for countertops. It accuses the company, its owner and a second individual of fraud, civil theft, breach of contract and contracting without a license, argues the company had no licensed qualifying agent, and asks for $61,950 in treble damages. No court has ruled on it. Detectives are asking other customers to contact Detective Robert Maloney at the county sheriff's office.
Why it matters: In Florida, money paid for one job cannot float another while that job's subs wait. Homeowners should collect a signed lien release from each sub and supplier with every payment, as the Florida Bar recommends.
Sources
- St. Johns County Sheriff’s Office arrests contractor accused of taking $36K from homeowner, abandoning renovationNews4JAX, Nov 2
- He Was Arrested Over a $36,875 Renovation. Then Another Homeowner Sued Over $20,650 in DepositsYahoo News (Wealth of Geeks), Nov 5