Legal Question in Business Law in Virginia

intent to cure

I am a GC specializing in custom homes. I completed a home and the people moved in mid December of 06. The landscaping was not 100% completed, however, my landscaper was paid in full and the remainder of the planting was to be performed through owners direction. A landscaping plan is required for this area and was submitted. Now he refuses to return my phone calls as well as the new home owners. I also have his quotation, so I have the plan as well as his quote in my favor. Since he has failed to perform I am left with little choice by to send him an ''Intent to Cure'' letter spelling out my plan of action in taking him to court. While I sincerely hope he bellies up and completes the work, I seriously doubt it will ever happen. Obviously, I am not using him any more. I only build a few homes each year. He is not incorporated nor is he an LLC. I have no doubt I would win, but who will insure he pays me and how long does it take to collect? Can I loose additional monies if he refuses to pay even after a judgement? Thanks!


Asked on 6/21/07, 3:09 pm

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

Re: intent to cure

If you take the defaulting landscaper to court and win a sizeable judgment ($5000+) against him and you are unsure as to how to collect it(or you may not want to bother with the collection aspect), you could turn it over to an attorney or a collection agency to handle the collection of the judgment for you.

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Answered on 6/21/07, 6:14 pm


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