Virginia Construction Legal Questions

Virginia by statute provides a  5 year warranty on the foundation of a new home, Code Section 55-70.1, counting from the earlier of the date of first occupancy or the date of closing.  What you describe sure sounds like a foundation issue. I'd suggest contacting the County Department of Building Inspection if you haven't already as in most areas of Virginia, they are fairly active in policing builders to build everything according to Code.     Construction litigation can be very expensive, and sometimes the purchase contracts limit some remedies so a close review of the purchase agreement is in order.   You may be able to find someone willing to litigate the matter through the State Bar's Lawyer Referral Service, but be aware that construction litigation can be time-consuming, tedious, and expensive, and many attorneys don't like to go down this path. ... Read More

Since the contractor hired the subcontractor, the contractor is responsible if the work was bad.  You should talk to the contractor and find out what he plans to do about it.  Usually, you need to let the contractor try to repair to see if he can fix the problem. If he can't fix it, or refuses to, you can bring a suit against him for the cost of the repair.  You will need another contractor to testify that the floor was poorly installed.  ... Read More

Since he has filed suit, you will need to appear and defend. You will want to bring your pictures, but you will also need an "expert witness".  Usually, an expert witness in this type of case would be a person who has a license from the state to work as a contractor ,(a license from the Department of Professions and Occupational Regulation http://www.dpor.virginia.gov/dporweb/dpormainwelcome.cfm     You can check that site to see if they have a license)  You need an expert to tell the court what was done wrong.  You may also want to file your own suit to recover damages depending on the quotes that you have received to repair the work. I suggest you contact a local attorney  that can either represent you in court, or at the very least, they can, for a fee, meet with you for an hour or so and go through your documents and give you advice on how to best present your case. ... Read More

If they came to your home as part of the initial sales call, they are required by the Home Solicitation Sales Act to give you written notice that you have the right to cancel the contract within 3 days of the day you signed it. If they did not give you the required notice, you can cancel now, and any time before they give you the written notice of your right to cancel.  If they did give you notice, and you emailed a response accepting their offer, and did not timely cancel,  I is possible a court would say you have a contract.  However, since they did not yet begin the work, you do not owe them the full contract amount, and should be able to negotiate to get out of the contract by paying a release fee of a modest amount. Note that the right to cancel only applies where the sale is solicited at your home, so it does not apply when you go to a Company's location to negotiate a sale, such as a car dealer, or store.   This answer is given in accordance with the laws of Virginia, and is based on the facts that are recited, and assumptions which may or may not be accurate. Accordingly, this response may not be relied upon and may not be applicable in any other state. It should not be relied on as legal advice, as that would require a detailed analysis of all of the facts involved in a specific case, not just the limited facts presented in the question.... Read More

Generally, a class action is filed when you can not identify the specific individuals involved, and there are a number of individuals with the same legal problem.  There is no numerical limit, the court needs to find that the most important issues are common to all plaintiffs, and any issues that are not in common are not very substantial. For example, if an internet provider had a standard contract that said they could charge the customers $0.10 per minute of use, and instead, due to a computer error, charged each of its customers $.11 per minute,  instead of having thousands of customers file suit, a court would likely allow a class action to proceed.  On the other hand, in your case, the builder had separate contracts with a variety of homeowners, and the damages suffered by each homeowner were different, it might not be appropriate for a class action.  ... Read More