Yes, that's correct. I meant a "complaint". It would be up to the DA to file the charges.
It's not clear that a mistake is really the same thing as a burglery. The contractor was doing a job in good faith. I think intention matters in law.
The bank is claiming it was a mistake. Would you take their word for it, at this point?
As I noted to another poster, it would be up to the contractor (and bank) to prove it wasn't intentional. But, I would have made my point.
Then, we would start talking about negligence, and whether it was criminal or gross negligence.
By the time we started talking about damages, their culpability would be well-established.
/johnny