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Virginia Construction Law Questions & Answers
1 Answer | Asked in Real Estate Law and Construction Law for Virginia on
Q: We had a home inspector who missed numerous things costing $4K to fix - how do we get $ from ther failed inspection?

The old owner had a low-budget handyman install a new shower surround and floor pan. It was install very poorly with no support in the walls for the panel seams, no support for the floor pan, and a loose drain. It took about $4k to have the shower disassembled and walls re-studded to handle the... View More

Richard Sternberg
Richard Sternberg
answered on Feb 13, 2024

You need to review the contract with the home inspector very carefully. If you did not negotiate and modify the contract, it insulates the inspector from most if not all claims, and, when it doesn't insulate them, it limits damages to refunding your inspection fee. That will surely be. shock... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Virginia on
Q: If there are two equal adjacent lots (A and B) to be developed into homes.

Lot A is owned by property owner #1 and Lot B is owned equally by property owner #1 and #2. If you build homes how should the development cost/profits from sales/shares work out?

Richard Sternberg
Richard Sternberg
answered on Jan 4, 2024

The short answer is "any way you want to." There are many choices. If you make no choices, the Uniform Partnership Act will make them for you, and you may not like its choices. Indeed, it won't be clear whether you have a partnership of the one property or of the two, and the one to... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Virginia on
Q: Do I really need a lawyer?

I need to sue a contractor who built a deck that is not up to code for its intended purpose after I provided specific instructions to do so. It could be dangerous to life and limb.

T. Augustus Claus
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answered on Oct 20, 2023

While it's not obligatory to hire an attorney to sue a contractor in Virginia, doing so is highly recommended, especially in cases involving construction defects that could pose safety risks. An attorney's expertise in Virginia's construction and contract laws can be invaluable in... View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Construction Law for Virginia on
Q: If a VA court invalidates a mechanic's lien, does it reset the clock? (90 days)
T. Augustus Claus
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answered on Aug 7, 2023

If a Virginia court invalidates a mechanic's lien, it typically does not reset the clock for the 90-day period in which a lien claimant must file their lien. The 90-day period usually starts from the last day of labor or the last day materials were furnished. The court's decision to... View More

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for Virginia on
Q: I paid a contractor in Virginia half my deposit. Then he moved to Ohio to avoid paying me back. What can I do?

I have invoice and proof of paying with a cashier's check. He is trying to defraud more people and he blocked me on facebook when I told people he was a scam.

Steven Krieger
Steven Krieger
answered on Nov 3, 2022

If the project was in Virginia, you could sue him in Virginia, but you may need to register the judgment in Ohio (or where ever the contractor is living) to enforce the judgment. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Construction Law for Virginia on
Q: I hired a contractor and he used my money to flip another house and left my house exposed to weather can I sue him

He made 190k by using my money to flip a house and left mine exposed to the weather which caused damage and cost me storage fees along with a lot of other cost getting my house completed.

Steven Krieger
Steven Krieger
answered on Dec 11, 2023

This sounds like a violation of the VA Consumer Protection Act in addition to possible fraud claims. I'm sure anyone who responds would be happy to help if you'd like to hire a firm to assist. Good luck.

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Construction Law for Virginia on
Q: I made 10% down payment cash and signed contract. The contractor is forcing me to pay all 100% before installation

I made 10% down payment via check for solar panel installation and signed contract. The company is forcing me to pay the remaining 90% before installation begins or else they won't install. There is nothing in the contract as to when final payment is due other than same day. I thought that... View More

Richard Sternberg
Richard Sternberg
answered on Jul 5, 2023

Perhaps you should have a a lawyer rev new the contract you signed?

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Virginia on
Q: Customer threatening to sue general contractor if not refunded for work

I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.

The response above is a...
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2 Answers | Asked in Contracts and Construction Law for Virginia on
Q: Possible unlicensed contractor

Shoddy work, the floor is already coming apart and he will not answer my texts or emails about fixing it. He just finished the work in August. I do have a signed contract. He also cut electrical to my loft so now I have to hire someone to run electrical. I messed up because I did not ask if he was... View More

Steven Krieger
Steven Krieger
answered on Feb 19, 2022

It sounds like you have a claim for a brach of contract, but may also have a claim under the VA Consumer Protection Act. You'd probably need an attorney to review your documentation and any correspondence. I'm sure anyone who responds would be happy to help. Good luck.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... View More

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2021

This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... View More

1 Answer | Asked in Construction Law and Real Estate Law for Virginia on
Q: A faulty mechanics lien was put on our house. We had an addition put in over 10 yrs ago. The contractor never finished.

After 60 days we wrote the contractor to fire him so we could get another contractor to finish the project. Found out the first contractor was not a certified contractor. First contractor put a mechanics lien on our home, stating we owed him $2,000 for a cement patio. This patio under the contract... View More

Steven Krieger
Steven Krieger
answered on Nov 22, 2021

You have to file an action to clear the title in Circuit Court. Of course, you could send a letter or have an attorney send a letter to the contractor explaining that if he doesn't remove the lien, you're going to ask the court to award you attorney's fees for the effort and filing.... View More

1 Answer | Asked in Construction Law and Contracts for Virginia on
Q: Pool install-can we withhold final pymt until PROJECT completion without penalty? Contract says on concrete completion.

Contract states Final due on concrete Completion but we are getting paver coping instead of concrete. Still a huge piece of the project to be finished. Don’t feel it’s fair to give full payment with a large piece unfinished and unscheduled.

Steven Krieger
Steven Krieger
answered on Sep 15, 2021

Contractually, you're likely obligated to make the payment. However, you may be able to renegotiate on your own or with the help of an attorney for different milestones and payments. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

2 Answers | Asked in Personal Injury and Construction Law for Virginia on
Q: Are plumbers required in Virginia to be trained or certified to identify asbestos in a home before beginning demolition?
F. Paul Maloof
F. Paul Maloof
answered on Oct 21, 2019

I do not handle asbestos cases. Sorry.

Your best place to find an answer is to call the Department of Licensing for the Commonwealth of Virginia.

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2 Answers | Asked in Real Estate Law and Construction Law for Virginia on
Q: va-can poa demand "road impact fee" from owner's builder when not in documents.

Nothing in our documents re this-private roads easement across res lots.

Richard Sternberg
Richard Sternberg
answered on Feb 8, 2019

Your question is barely comprehensible. You need help constructing it. But, I think the answer will turn on the contents of the documents. You need a legal review of all relevant contracts, whether we are talking about the construction agreements, the home purchase contract, or any relevant HOA... View More

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Construction Law for Virginia on
Q: We purchased a flipped home that we were made to believe was in good condition it is not

There is wood rot that was simply painted over, paint that wasn't done right and is peeling off the ceilings and walls, floors that have bubbled from not being laid right, an a.c. unit that wasn't up to code that flooded our house, a oven that makes it so we can't open a dishwasher... View More

Richard Sternberg
Richard Sternberg
answered on Feb 25, 2018

Sounds like you need a lawyer to evaluate whether you have a claim for treble damages plus attorneys fees and costs.

1 Answer | Asked in Civil Litigation and Construction Law for Virginia on
Q: how do we get a mechanics lien removed after the lien has expired?

The lien was filed June 6 2017 and the company is trying to enforce it as of Jan 26 2018. The law in VA states the lien expires after 6 months. work has stopped on our build so removing this is imperative.

thank you

F. Paul Maloof
F. Paul Maloof
answered on Feb 2, 2018

You will need to petition the Court and seek a court order to remove the lien.

1 Answer | Asked in Business Law, Small Claims, Construction Law and Consumer Law for Virginia on
Q: I hire a company to do repairs to my house .the company started but never finished. Can I hire a lawyer to handle case?

I asked him to give me the materials that was purchase and I will get someone to finish the work. He keep saying he is going to finish it's been since March 2017.. I know he had a few family issuses but I need the work completed. We have a sign contract and he also been paid some money

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 30, 2017

Yes this would be an ideal case to hire an attorney on

1 Answer | Asked in Real Estate Law and Construction Law for Virginia on
Q: I signed a new construction purchase contract from a builder and gave a $5k deposit. What are my options to hold/cancel.

My company is possibly being purchased and we may need to relocate, therefore I would like to put the construction on hold. I emailed them this, and they responded that they would continue building the house but with 0 upgrades that we selected, then if we want it at the end we can have it. Does... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Nov 15, 2016

You have to look at the contract you have with the company. You may wish to consult with an attorney and bring them a copy of the contract to review.

1 Answer | Asked in Construction Law for Virginia on
Q: I hire an architect to provide drawings for build out and he put on the drawing that 2hr firewalls already exist. wrong

That was wrong firewalls did not exist. based on that it never csme up during construct and the walls are up and ceiling closed with city's approval. Now the city is saying no more inspections until firewalls are in place. Requires tear down painted and finished walls and erect new walls. Who... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Aug 9, 2014

More information would be necessary to answer this, including an expert architect who will say it was negligent of the first architect and it caused you damages.

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