• Recent Posts

  • Martindale Hubbell AV Rating

    The Greater Williamsburg area is an exciting place to live and work, especially because of the large number of entrepreneurs who have built businesses from the ground up. These entrepreneurs have taken their passion and made it their profession. Many of us want to take that step. Before you begin, you need to think of the type of business entity you want to form. Our attorneys have extensive business experience, from small one-person companies to publicly traded major corporations. Our attorneys are among the leaders in Virginia in the representation of Common Interest Communities. These communities are generally referred to as "homeowners associations," or "HOAs," and "condominium associations." In the greater Williamsburg area alone, we provide legal assistance to nearly 100 associations. Our attorneys have successfully prosecuted and defended a wide array of civil disputes involving community association covenant enforcement, commercial transactions, construction disputes, contracts, real estate matters, boundary line and easement disputes, employment matters, antitrust litigation, copyright violations, administrative proceedings, and estate issues. Real Estate law encompasses a wide variety of matters, and our attorneys have vast experience to assist you. Whether you need assistance with a commercial or residential closing, or you have questions relating to residential or commercial leasing, we provide experienced advice and counsel to our clients. Zoning law can be a complicated maze of statutes and ordinances. We have ample experience in successful applications for rezoning, variance, and special use permit requests. Finally, commercial and residential construction provide special challenges with respect to financing issues and the construction process. We serve as counsel to various financial institutions.
Print This Post

You obtained a judgment against your construction contractor, how do you collect?

Sometimes your dispute with your contractor goes all the way to court and you obtain a judgment. However, sometimes the contractor does not have the ability to pay the judgment, so financially, you are out-of-pocket your judgment damages plus your attorneys’ fees. You may have one last alternative to recover at least a portion of your losses through the Virginia Contractor Transaction Recovery Fund (the “Recovery Fund”).

Williamsburg Virginia Business Lawyers

Williamsburg Courthouse

 

 

The Recovery Fund was created as a means of consumer protection to those Virginia residents who have been defrauded or injured maliciously by the poor work or dishonesty of a contractor.  First, a few specific requirements must be met.  You must obtain a judgment against the contractor. The Board must determine that the judgment obtained was based upon the contractor’s improper or fraudulent conduct.  However, a claimant will not be denied recovery because the judgment obtained is lacking in specificity, because the Board can base its decision “on any language in the order that supports the conclusion that the court found the conduct of the [contractor] involved improper or dishonest.”

Next, the contractor at issue must first be “an individual or entity licensed by the Commonwealth of Virginia.” The contract in question “must involve contracting for the consumer’s residence located in Virginia.”

Finally, the Recovery Fund limits the amount of recovery, regardless of the amount of the judgment. A single claim for restitution from the fund is limited to $20,000.00.

More than likely, the Recovery Fund will not make you whole. Furthermore, the process to obtain money from the Recovery Fund can be complex. An attorney experienced in construction litigation can help you prepare and file a claim putting you in position to mitigate your losses.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Republished by Blog Post Promoter

John Tarley

John is the firm's managing partner and chairs the firm's small business, zoning, and litigation practice areas.

More Posts - Website

Follow Me:
Twitter

Filed under: Construction litigation, General Interest, John Tarley, State & Federal Litigation by John Tarley

Leave a Reply

« | »
Web Development by OneWaveMedia.Com