Legal Question in Construction Law in Virginia
Addition
Recently we signed a contract to have an addition added to our home. The terms under the original contract called for the work to be done within 90 days or a $100 per day penalty would be assessed to the contractor. We have long passed this original 3 month deadline and out of compassion for this small businessman trying to establish himself, we have signed two additional amendments to the original contract with the intent of helping him to fulfill his obligation. However he is still seemingly unable to complete this job. Since out latest amendment has been breeched we are prepared to take legal actions. How will the contactors current financial status which is very shaky impact or deem our legal efforts unless as we attempt to have this project completed ASAP? What can we gain from taking legal actions against him?
2 Answers from Attorneys
Re: Addition
Not much, probably, if this contractor hasn't the wherewithal to pay any judgment which you might obtain against him for breach of the contract.
Re: Addition
What you would accomplish (assuming you are successful) is a judgment which could be enforced against his company, and, possibly him individually if the facts exist to support such a claim. I feel that to best determine how you want to deal with this situation that you should consult directly with an attorney who, after a complete review of the facts, will be able to better advise you as to your legal options.
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