Legal Question in Construction Law in Virginia
Delays with Windows (Paid in Full!)
I would like to know if the following constitutes construction fraud in Virginia.
Since May 10, we have been dealing with a contractor who promised us 12 windows. After a half-down payment and a request for the balance so he could pick up the windows, my wife and I have paid $5,600. After two delays in May and June, he installed four on June 21. He informed me that day that the window company messed up the measurements on eight windows. He said he would get the order in on June 22, and install them July 11-12. He also waived the balance of the job (labor).
Without asking, he sold two wrong-sized windows to our neighbor, as they fit her house. My neighbor told me he gave her �a good price on them.�
On July 6, he gave us more bad news, blaming the window company for not putting in orders before the Fourth of July. Installation is now delayed until July 18-19. I am not holding my breath.
Given the facts, and if we get another excuse of why the windows are not ready, do we have a case for construction fraud, and is this an easy court case to win. Thank you!
1 Answer from Attorneys
Re: Delays with Windows (Paid in Full!)
No, you would be unlikely to be able to prove fraud on the part of the contractor based upon these facts(in my opinion), but breach of contract might be doable, if the windows have not been installed by the end of July.
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