Legal Question in Criminal Law in Virginia

Construction fraud

Hi, I am a contractor in Virginia and I did a contract with a home owner doing work for 2 computers which he had to pay for materials and we set a date up to start and when that date came he wasn't closed on his townhouse and i got busy doing something else mean time... when he was ready after 4 weeks i was busy at the time he wanted me to start and i explained to him that I got the Paint for the job but once im finish with the 2 other projects will be there to start and they got upset and canceled and wanted there money back and i had already purchased the paint which is not refundable and they wanted cash back which was $500.00 they gave me for material. at that point couldn't pay him which i got evicted and i didnt it to give him and been struggling sense.. now he has a warrant for construction fraud against me . what should i do? I got a family loan to pay him back.. but for the charge what is going to happen? will i get time in jail ? how much will the bond be? etc. I'm so nervous and stressed out.


Asked on 4/09/09, 2:16 pm

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

Re: Construction fraud

No, assuming this is a civil rather than criminal matter, it is not a jailable offense, and very likely the necessary elements for the fraud cannot be proven out of these facts, and, therefore, the plaintiff probably would have at most a case for breach of contract rather than construction fraud and you may even have viable defenses against his claim for that particular cause of action.

However, if at all possible you should have an attorney representing you in this matter to minimize

the chances for a disposition favoring the plaintiff (in my opinion).

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Answered on 4/09/09, 9:01 pm


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