Employment Lawyers serving Roanoke, Lynchburg, and Central & Southside Virginia
Breach of Contract, Fraud, Materials, Labor, Delays, Liquidated Damages, Over-budget, Change Orders, Price Increases
Since March 2020, Covid-19 has made building materials harder to find and increased labor prices. Contractors suddenly had to pay more to build homes - in some cases, more than the contract price. With no incentive to complete these projects, many of these contractors signed contracts for new projects at prices high enough to make their usual profit. Understandably, they focused their attention on those projects instead of the unprofitable ones, leaving their existing clients out of luck waiting for the contractor to finish their home.
Ultimately, the question is less about whose fault it is and more about what the contract states. Regardless of how much more it now costs contractors to complete projects, I assure you, they would not be giving out refunds if the price to complete had gone down. Contracts contain legally binding terms and must be honored, even if it results in lower profits. In rare exceptions, contracts that contain Force Majeure (worst case scenario) clauses may provide an escape path for contractors.
You may have causes of action for breach of contract, breach of warranty, conversion, actual and constructive fraud, Virginia Consumer Protection Act violations, offset, declaratory relief, or other claims. The prospect of fighting these allegations and potentially paying you a huge judgment may convince your contractor to honor its contract and prioritize completion of your project.
Construction litigation is typically expensive. It is often said that the only winners in a construction lawsuit are the lawyers. However, depending on the types and amount of damages, this may not be the case. Some causes of action actually allow us to ask the court to force your builder to pay our attorney fees. Call us today for a free, confidential consultation to assess the strength of your claims and receive an honest assessment of expected costs.
The first step in the process is calling our firm to speak with one of our construction attorneys. He or she will gather some basic information to determine if there is a conflict that would prevent us from representing you. Typically, conflicts occur in situations in which at least one of the people or entities you plan to sue is a current or former client of our firm. Once we verify there is no conflict, we will interview you, obtain relevant information, analyze issues, and let you know the types of evidence we need you to gather to allow us to determine your likelihood of success. If we identify one or more causes of action on which you are likely to prevail, we will send you an engagement agreement explaining what our firm will do for you, how much we charge, and whether payment will be collected up front (a retainer), monthly, or taken out of the judgment or settlement obtained.