Legal Question in Construction Law in Virginia

Contract dispute

I hired an excavating company to build a pond. It has been over 5 weeks since he was last on the job. I have tried to contact the company owner numerous times, leaving messages, without a response. He has left equipment on my property. What is the property abandonment law in Virginia. If the job isn't completed, the guy owes me aprrox. $3000.00. Can I keep his equipment from being removed until we resolve this matter?


Asked on 1/19/07, 3:51 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Contract dispute

Sure, you could keep this apparently half-hearted pond builder from retrieving his equipment from your property, but, then he would likely file a Warrant in Detinue in the general district court requesting the return of his property or, in the alternative, a judgment against you for its fair market value. You then, in the course of defending against this action, could file your own counterclaim for some $3000.00 or whatever it is that you can credibly claim you're owed in this matter by the contractor.

However, in order to avoid the above kind of litigation, it would be far preferable if the two of you could come to some mutually satisfactory settlement that would obviate the need for the above-described court action(s).

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Answered on 1/19/07, 11:56 pm


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