Legal Question in Construction Law in Virginia

help with va code 18.2-200.1

Is it possible for someone experiencing construction delays on a home improvement project to break contract and file criminal charges under Virginia Code 18.2-200.1 without first attempting to resolve the matter in civil suit? When the project ran 2 weeks past the 2 week estimated completion date, a certified letter was sent requesting the full amount of the initial deposit be returned in 15 days. The contractor made no request for additional money, and had completed a portion of the contract, but no materials were present at the site. The contractor has said that he is awaiting a refund for material purchases before he can honor the cerified request, but I want my money now. Can I issue a warrant for his arrest now that the 15 days has expired?


Asked on 12/14/04, 12:33 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: help with va code 18.2-200.1

No, you yourself have no authority to issue a warrant for the arrest of the dilatory contractor

(nor anyone else)and I am reasonably confident that no local commonwealth's attorney would undertake such measures based upon the facts which you've presented.

The problem with your scenario is that you've offered no credible evidence of fraudulent intent on the part of the contractor as required under the statute. Furthermore, the contractor could probably offer the defense of Quantum Meruit(meaning that he had completed a portion of the contract in a workmman like manner) and should therefore be compensated accordingly.

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Answered on 12/16/04, 10:40 am


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