Legal Question in Construction Law in Virginia

Re: Construction Fraud

Construction fraud(defined/described)is found in the Criminal Code of Virginia at Section 18.2-200.1 and may be charged to someone who obtains

an advance of monies in return for his promise

to perform construction or repair work and:

1. The promisor fraudulently intends not

to perform the work;

2. Fails to carry through with the promise

so that the work promised is

substantially performed;

3. Fails to return the funds advanced or

perform the work within 15 days of

receiving a request for such

return or performance sent by certified

mail return receipt requested.

There are some additional requirements for criminal prosecution imposed by the Office of the

Commonwealth's Attorney but the crime is apparently considered a larceny, which could be either a misdemeanor or felony($200 or more).