Legal Question in Civil Rights Law in Virginia
Race/discrination
A contractor refuses to pay a subcontractor the balance of the contract. The work was completed with zero complaints. The owner of the property did not pay the contractor in full because of cost over runs. The white subcontractor requests payment or he will take legal action. The black contractor says'' I am a black man, what can you do to me?''. This attitude is what causes the racial divide to continue. Is there any basis for criminal action based on these comments. We can proceed to enforce the contract on its face, but he also let me know one of his black partners is an attorney and my legal bills would be dwarfed by any thing I collected.
1 Answer from Attorneys
Re: Race/discrination
No, I see no basis for any criminal action based upon the comments described.
In addition to an action ex contractu against the contractor for alleged breach, the subcontractor also has the remedy of a mechanic's lien(assuming the required time frame is still open)) that could be asserted against the property itself which presumably benefited from the work done by the subcontractor for which he has not been paid.
The threat regarding legal bills, I would regard as little more than this contractor "blowin' smoke", so to speak, hoping that you'll be properly intimidated into submission.
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