Legal Question in Construction Law in Virginia

Builder not progressing, owes many debts.. can we fire the builder?
our builder has over extended himself and has stopped progress on our home. We have at least 3/4 people that have done work and havent been paid. He had 22o days to complete our home but is not even close to completion and shrugs his shoulders when we ask if he is going to make the deadline. ( 60 days out) He wants to buy us out.. however.. we hold the loan.. and he has been paid already by the bank for the property. He has no financial hold..just the contract .. maybe.. Contract states he must pay for all materials and jobs done on the site... which he has failed.. do we have grounds to fire him and find someone to finish?or do we have to give him the 60 days of wasting more of our time?

Asked on 9/27/04, 10:47 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Builder not progressing, owes many debts.. can we fire the builder?

The answer to your question lies in your contract

and its specific wording(and any reasonable inferences therefrom)of any provisions which might relate to this issue which you have raised here.

You might need to run it by counsel to see whether there are now grounds to find that the builder is in breach sufficiently substantial to

warrant your firing of him and hiring someone new

without incurring any untoward consequences to yourself.

Answered on 9/27/04, 3:40 pm

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