Legal Question in Consumer Law in Virginia

Land Surveyor is Billing Me, but not providing the written survey.
I had a land surveyor survey my house for $555. to include a written drawing with the measurements taken.
I paid him $340. of the bill. He will not supply the written part of the survey, even though I have asked him several times. Yet he continues to bill me.
What obligation do I have to pay the remaining $215. portion of the bill if he refuses to give me the survey?
(The reason he is reluctant to provide the results, is that he appears to be angry that I contacted the Better Business Bureau about this case, and he seems to be retaliating)

Asked on 3/12/02, 2:24 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Land Surveyor is Billing Me, but not providing the written survey.

The key issue from a legal perspective is whether the contract(whether oral or written) specifically required the surveyor "to include a

written drawing with the measurements taken."in

return for your full payment of $555.

If the written drawing was part of the contract which he has yet to fully perform, you have a

justifiable defense for your withholding partial payment.

His remedies are to sue you in small claims court and/or to report the balance allegedly owed

as an unpaid or defaulted bill to the credit bureau.

Answered on 3/12/02, 3:37 pm

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