Legal Question in Construction Law in Virginia

VA Code 18.2-200.1 contractor has informed me that he has spent the $15,000.00 and has no money for the materials needed to complete the job.. he has put appx $3,800.00 worth of material and $4,000.00 worth of labor...can I send the certified letter and then pursue charges

Asked on 1/08/18, 9:35 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Sure, you could send such a letter in the hope that it might have a positive result with respect to your

claim of fraud but I believe the statutory requirement that you must prove FRAUDULENT INTENT on the part of this

contractor beyond reasonable doubt might well act as a disincentive of sorts for any prosecutor to pursue a criminal charge in this matter absent very substantial evidentiary proof which could be difficult for you to muster in this regard (in my opinion).

(So, what does the gentleman have to say as to what supposedly happened to the other $7200 of your advance fee?)

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Answered on 1/09/18, 2:09 pm

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