Legal Question in Construction Law in Virginia
Can I claim negligence against my mother's contractor?
My mother hired a guy to erect a prefab shed in her yard. This guy (Guy A) contracts it out to another builder (Guy B). There was never a written contract. My mother bought the materials he specified out of her pocket. After three days of work he complained of back trouble, and wanted to leave early. At this point he asked my mother for half the agreed upon fee. She didn't feel comfortable a) paying him directly, since she had actually hired Guy A, or b) paying him for work that was not yet completed. At that point he walked off the job and never returned. Days later he called, demanding money that he was ''owed''. She then called me. I went to VA intending to just finish the shed. The shed had been very poorly constructed to that point, with numerous critical problems, forcing me to tear it down and reassemble it. I spent a couple hundred in materials, plus travel expenses. Guy B is hassling my Mom about getting paid. I tried to talk to him and he was totally belligerent, and talking about suing. With no written contract or bill and not having completed the job a) does he have any claim to money, b) can he obtain a mechanics lien? Can my mother or I file a claim to recoup the extra materials/travel/expenses?
1 Answer from Attorneys
Re: Can I claim negligence against my mother's contractor?
Whatever monetary claim subcontractor B might have would most likely be in what the law terms "quantum meruit", i.e. that portion of the work which was performed in a workmanlike manner in accord with prevailing standards.(Obviously, if no such portion of the work was performed in this manner, he would be entitled to nothing.)
Subcontractor B might be able to assert a mechanics (statutory) lien, but upon a proper showing by your mother that the work was not satisfactorily performed, a court would probably set it aside.
Since your mother hired contractor A to perform the work, her cause of action for breach would lie against him, unless, somehow the contract was fully assignable to subcontractor B, holding A harmless for any such breaches and/or violations.
Your mother(not you)could only recoup in her claim for damages whatever she could reasonably claim that she lost(out of pocket) due to the
contractor's breach of the oral agreement.(Your travel expenses would not likely qualify.)
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