When Kirk Sherwood hired Elite Countertops to install new quartz countertops and cabinets in a kitchen at an investment property in Citrus County, Fla., he expected the work to get done quickly. He didn’t expect the contractor to flake and, he said, leave him out $9,100.
But a similar story repeated itself in St. Petersburg, in the same state, at Casey Turbiak’s business. She hired Elite Countertops to install an extensive series of work surfaces throughout her new salon. But even after she paid a $7,000 deposit, she claims Elite Countertops never showed up to do the job.
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Both Sherwood and Turbiak say they are out the money. And neither has heard anything helpful from Elite Countertops’ owner, Jose Canete.
"He still gives us lots of excuses of why he’s not paying us back," Turbiak claimed to Tampa Bay 28, which originally reported the story.
They’ve each contacted their local sheriff’s offices. But with detectives calling it a civil matter, Sherwood and Turbiak are running out of ways to seek recourse (1).
The costs of a contract gone wrong
It’s not unusual for contractors to expect a deposit of between 10% and 25%, according to Angi, a home improvement resource. But both Sherwood and Turbiak put down significantly more. Sherwood paid the full $9,100 quote for the job upfront. And Turbiak put $7,000 on a $13,000 project.
Of course, many contractors ask for a deposit of some size, usually to get started on ordering the materials. But, unfortunately, when a contractor asks for a deposit of more than 50%, it’s usually a red flag, according to Angi (2).
If Sherwood and Turbiak could go back in time, it would be prudent to avoid making such a large deposit. But at this point, the next steps to take include sending a registered letter outlining the actions each plans to take if they don’t get their money back. Since the police won’t get involved, another option is to file a lawsuit in small claims court (3).
Both have received partial refunds only. Since Turbiak put part of the deposit on a credit card, she’s been able to recover around $2,500 through her credit card company. Most credit cards offer purchase protection, which can help you recoup funds after a fraud situation (4).
But Sherwood has only received a refund of $1,500 from Elite Countertops, which isn’t even close to his total payment of $9,100.
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Civil dispute vs. criminal fraud
Local law enforcement has declined to get involved in this situation, saying that it’s a contract dispute, which is a civil matter. Criminal matters require intention to do a wrong, such as intention to defraud.
It’s likely considered civil, because Canete claims his inability to do the work is caused by something outside of his control and that he is doing his best to pay everyone back. In a call with Tampa Bay 28, Canete said another big client cancelled on him, which threw a wrench in his finances and led to the letting go of some employees. He said he hopes to pay everyone back soon and continue doing counter work.
Since detectives won’t investigate, both of the parties could pursue regaining their lost funds through civil court, which can be lengthy and can only result in a court order saying Canete must pay. If he does not have the funds, it could be difficult to enforce a court order.
Both Turbiak and Sherwood have also reached out to the Florida Attorney General’s Office, which has so far declined to investigate.
When looking for future contractors, consider the size of the deposit you’re being asked for and if it’s reasonable. If a contractor asks you to pay for the entire project upfront, it could be a big red flag, according to the Federal Trade Commission.
Additionally, it’s best to seek out a written agreement that nails down all of the details. With everything in writing, it’s easier to pursue a remedy if something doesn’t go as planned. The FTC advises that the contract include your contractor’s name, address, contact details, estimated start and completion date, and details about the scope of work (5).
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Article Sources
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Tampa Bay 28 (1); Angi (2); 15th circuit (3); FTC (4); FTC (5)
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.