Legal Question in Construction Law in Virginia

Home repair

I am a contractor that has sub contracted plumbing work out to a plumber chosen by the homeowner. The plumber tells me he is done the plumbing rough in but not the gas piping. He tells me he doesn't have to have anything inspected and didn't price the job to have it inspected. He is demanding payment or else. The homeowner has gone out of town for the holidays but before leaving informed me not to make any payments (not that I could since she has not given me a progress payment). I had taken out a building permit which from my experience sends up a red flag that permits are required. Do I have to pay without work being inspected if an inspection is required/ the owner says not to pay , I won't have access to the house till the owner gets back. The plumber according to him has completed the plumbing part of the roughin which I can't confirm without access. The owner will be back the 29th of this month. Can I legally hold off making any payments on work that cannot be inspected till the owner returns


Asked on 12/17/07, 4:24 pm

1 Answer from Attorneys
Jim Bowman James E. Bowman PLLC

Re: Home repair

In Virginia, plumbing work requires a permit from the local city or county building department. Except for new construction under $2,500, inspections are usually required. If your sub does not have a permit, then his failure to obtain the proper permit is a misdemeanor offense. When there is work done without such required permits, the courts may find the contract made between the GC and sub as unenforceable, so you may have a good argument for not paying him until he gets the proper permits and pays any fees required.

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Answered on 12/17/07, 5:08 pm


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