BAKER CITY — A Baker County grand jury has indicted a Hermiston building contractor on felony theft charges for failing to do work for a Baker City couple after they paid him $150,000 this spring as the first installment on the construction of their home.

James A. Cavan, 41, is charged with aggravated first-degree theft, a Class B felony.

The grand jury issued the indictment Nov. 18.

Jeff and Angie Skillicorn hired Cavan to build a home and shop on their property in Baker Valley, Baker County District Attorney Greg Baxter said.

The couple has not had any contact with Cavan for several months, Baxter said.

The indictment on criminal charges follows a civil lawsuit that the Skillicorns filed on Aug. 13 in Baker County Circuit Court.

The suit names as defendants James and Felicia Cavan, doing business as Dreams to Reality.

The lawsuit includes a copy of the construction contract agreement between the Skillicorns and James Cavan, dated May 26, 2021.

The agreement calls for the Skillicorns to pay Cavan a total of $457,700, including a $150,000 deposit at the time the agreement was signed.

According to the civil suit, Cavan used $29,500 of the $150,000 deposit for materials and labors, which consisted of building the foundation for the Skillicorns’ home. Cavan has not refunded the remaining $120,500.

Jeff Skillicorn wrote in an Oct. 4 court filing that around July 20, Cavan told him he had lost his contractor’s license and could not finish the home.

“Defendants have acknowledged their obligation to reimburse Plaintiffs and have expressed that they do not have readily available funds to reimburse Plaintiffs,” the lawsuit states. “For that reason, Defendants offered to reimburse Plaintiffs using the proceeds from the sale of Defendants’ house and principal place of business.”

On Sept. 27 a default order was approved in Baker County Circuit Court and Cavan was ordered to pay the balance of the Skillicorns’ deposit, $120,500.

On Oct. 21, Judge Matt Shirtcliff signed a supplemental judgment ordering Cavan to pay an additional $12,521.65 in attorney’s fees and other costs.

According to the Oregon Construction Contractors Board, a contractor’s license was issued to James and Felicia Cavan on June 24, 2016. That license has been suspended and is not active, according to the agency.

Disciplinary records from the Construction Contractors Board show the Cavans were fined $1,000 in March 2021 for doing work without being certified as a lead-based paint renovation contractor.

Their license was suspended on July 22, 2021. The records don’t list a specific reason for the suspension.