Legal Question in Construction Law in Virginia

Money paid, contract date almost up and not much progress

I have a contractor finishing my basement. He said he would be done in 2 1/2-3 months. 3 months is up in 1 week. He has yet to finish the drywall. I have paid him up through the drywall and 6 1/2 weeks ago piad him for a new set of step, trim and paint, none of which has been producted. He hasnt even finished hanging and finishing the drywall. I cannot get him to return or answer any of my phone calls. After I piad him for the steps, trim and paint, he didnt have show up to my job for 5 straight weeks. He has worked a total of 2-3 days since I paid him for the last time, almost 7 weeks ago. His contract period is up in one week. How do I go about getting rid of him and getting my money back that I have paid him for products that are not being produced? Do I have the right to fire him at this point, even though we have a contract signed? His contract has no end date, but he has verbally told me and my wife as well as a third party of the 2 1/2-3 months finish date.


Asked on 4/09/06, 10:47 pm

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

Re: Money paid, contract date almost up and not much progress

At the end of the three month period which apparently is the time frame agreed upon in your verbal agreement for the contractor to perform the work, simply send him written notice that you consider him in breach of the agreement for the reasons so stated and that you therefore are demanding that X amount of your money be returned for the items of work which either have not yet been performed or performed in an unworkmanlike and less than satisfactory manner.

If the contractor then fails to return by a date certain the funds which you believe that you're due, file suit in either small claims or regular general district court(if the amount exceeds $2000.)

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Answered on 4/10/06, 9:09 am


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