Legal Question in Construction Law in Virginia

Owner withholding final payment

We have just finished an over 6000 sq ft home. Owner asked if we could complete home in 6 months and we said we would try but took us 8 months.(No finish date in contract.) Lots of additional items by owner, some weather and special order (by owner) cabinents caused some delay. We were on the job every day and worked hard to try to finish. The last two months were terrible. The owner would call, state change or comment, then hang up on us. Last straw for owner- our final inspection was rejected over some minor things (took two days to fix), and then due to the Town forgetting to stamp on blueprints that driveway must be paved before occupancy (town took blame and asked for a letter from owner stating when driveway would be paved and they would let them move) - the owner went ballistic. We have fulfilled faithfully our contract and they have a beautiful new home. But say they are planning to sue us (not sure what for) and will not request for the last check from bank to pay us. He said we will hear from lawyer. Is there a date he must pay us? There are no workmanship problems. We owe final subs from this money ($30,000). And he owes us for the extras he added. (9,000). I know we can do lien but would love to resolve this.


Asked on 10/01/04, 10:36 am

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

Re: Owner withholding final payment

As with any other claim either you or your attorney must send the debtor a demand letter refreshing his memory in no uncertain terms as to the basis for your claim and with a clear deadline imposed as to when you must have payment or you will be required to seek judgment from the courts for any amounts which remain unpaid beyond this deadline.

The fact that this fractious owner/purchaser is now, supposedly, making noises about suing you

for reasons presently unknown is a mere red herring (and time worn tactic) which should in no way distract you from your main objective which, of course, is to receive all of the money owed to you as expeditiously as possible.

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Answered on 10/16/04, 12:41 pm


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