Legal Question in Construction Law in Virginia

Contractor is 6 month behind

I have entered into a contract for a home improvement project. Contract was signed May 12th, 2005 and has an approximate completion date of July 1st, 2005. As of today December 7th, 2005 the final phases of the project are still not done. The contractor shows up only a couple of days a week and then stays only a few hours on those days. My e-mails and phone call go unanswered and have for 3 month s or so. I let this go this far because the contractor is/was a friend.

As far as I can tell I have three options:

* Continue to wait for contractor to finish at his pace

* Continue to wait for contractor to finish at his pace and then withhold the finial payment

* Fire the contractor, withhold final payment and use it to pay someone else to finish.

Any withholding of payment would most likely lead to legal action of the $8,000 final payment and I want to know what I can do to protect myself.


Asked on 12/07/05, 8:47 am

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

Re: Contractor is 6 month behind

Document carefully each and every action (or inaction) by the contractor over the relevant time frame which you reasonably believe constitutes a breach(or contributing factor thereto) of the agreement with particular emphasis on all work rendered in a less than workmanlike way.

Secure a reliable damage estimate for all of the items which constitute the above and that would justify the withholding of the final $8000 payment.

Send formal written notice to the contractor outlining all of the above. Then wait(after withholding final payment) to be sued and be prepared to countersue for your damages and other recoverable costs.

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Answered on 12/07/05, 9:33 am


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