Legal Question in Construction Law in Virginia

Changing my mind about a contractor

I hired a construction contractor by accepting his proposal and paying him a deposit amount. He has not commenced work and has said that he will not be able to start until the end of the year. He has agreed to in the proposal that he will start before the end of the year. In the meantime I have found another contractor who is willing to start much sooner and has bid the job for almost half the price of the original one. The second contractor has a valid license whereas the first one does not, which I did not find out until I accepted the first proposal. What would be my liability to the original contractor if I award the job to the second contractor ? Would it be limited to just the deposit I have paid ? Will I have any legal grounds to break the contract with the first one since he does not have a contractor's license ?


Asked on 9/09/04, 12:24 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Changing my mind about a contractor

Assuming that your agreement with the first contractor was oral and that its terms are subject to dubious provability, if you disavow this agreement now by hiring a second contractor for the job in anticipation of the first contractor's expected breach(not starting the job until year's end), you will likely lose only your deposit. (If the first contractor is not legally

empowered to do the work for which he contracted, it's not very likely that he'll pursue enforcement of the agreement in the event that you breach it, but I would not look for the return of your deposit under any realistic circumstances.)

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Answered on 9/09/04, 12:39 am
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Changing my mind about a contractor

You have legal grounds in Virginia to break the contract if the original contractor is not licensed. I would strongly reccomend contacting our firm to prepare a notice letter to the first contractor indicating his contract is null and void ab initio (according to the informaiton you have provided). Please contact us at 703-777-7319 - ask for Thorick Dino or Martin Davis.

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Answered on 9/09/04, 10:10 am


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