CONTRACTOR ACCUSED OF LARCENY.(CAPITAL REGION)

Byline: MARK MCGUIRE - Staff writer

Joe Lombardo was lucky. The homeowner got his $1,200 back.

Robert Decker was not. The contractor returned Lombardo's money, but too late for state officials, who arrested him Tuesday on a felony larceny charge.

According to state Attorney General G. Oliver Koppell, Decker, 39, of Amsterdam took a deposit from Lombardo to do roof work on his Delmar home, only to cash the check and never do the work.

Law dictates that a contractor put down payments for work into an escrow account until the project is completed.

As the spring repair season approaches, Koppell urged state residents to take precautions against being snookered by unscrupulous contractors.

In September, Lombardo answered an ad in the Times Union from Decker's company, Low-Cost Construction. "He showed up and did an estimate. It was far lower (than the competition) -- which should have told me something," Lombardo said. He still signed a contract.

After weeks of no work being done, Lombardo began calling Low-Cost Construction, which is actually Decker's home phone. Dozens of telephone calls from Lombardo over several months yielded nothing.

Decker eventually returned the cash, but not before he found out that authorities were investigating him.

"Mr. Decker has made restitution," Koppell said at a news conference at the attorney general's office. "However, that does not excuse his behavior."

Decker is charged with fourth-degree grand larceny, a felony. He was arraigned Tuesday in Bethlehem Town Court, and later released from Albany County jail after posting $3,000 bail.

At least two other people have lodged complaints against Decker, who state officials said has a criminal record and is on probation for an unspecified offense.

Home improvement contractors are not licensed by the state, although there is a bill in the state Legislature that would require registration. "A man with his history wouldn't get a license," said Koppell, who supports licensing/registration measures.

Lombardo admits that he's lucky: "I never thought I'd get my money back. And they arrested him."

The attorney general's office offered some tips to prevent rip-offs:

Determine exactly what work you want done.

Get estimates, including specific information about needed materials and services.

Get references from banks, suppliers or prior customers.

Never give large down payments. Agree to pay in installments as work is completed and materials purchases.

Make sure any down payment is put into an escrow account. Ask for proof of deposit.