Re: General Contractor Self Dealing

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RESPONSE: I just finished a lawsuit about this exact issue yesterday. We filed an action for a equitable accounting against an interior designer whose contract was also cost + 30% but he could only produce 1/3 of the back up of what he was billing. Demand "in writing" that not only do you want to see the invoices but that you also want to see the cancelled checks showing what he paid.

I think you also may also have success by filing with the DBPR against the contractor's license for the following violations: 489.129(g) "Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer." and 489.129(L) "Committing fraud or deceit in the practice of contracting" and 489.129(m) "Committing incompetency or misconduct in the practice of contracting." Try to see if hte DBPR can help you, but definitely send out that letter asap and by certified mail return receipt requested.

Good luck,

Randall Gilbert

www.theconstructionlawyers.com