Christopher Garrett Hill's Answers

How can I recover $ for repair of a poorly constructed new house when the builder refuses to cooperate?

Without knowing the specifics, these ideas come to mind. If it is still less than a year from the date of completion, the Virginia code requires that the building be warranted. Also, check the warranties given you by the builder. As far as shrink swell goes, that will likely be governed by your contract.

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In VA, is a "class A" licensed contractor required to be bonded/insured? How can I get their bond/insurance information?

In VA a class A contractor doesn't need to be bonded or insured, however, they must show a minimum net worth of $45,000 and submit certain financial information. Also, unfortunately, most insurance does not cover bad workmanship. This is of course general advice, and could change based upon your situation.

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Do I need to appear on the court hearing date although the prosecutors agreed to non-suit against me?

I would always recommend showing up. Something could change and, in any event, the Court will want to see that you care enough to be there.

Independant consultant took a construction job we paid him to conduct on our behalf what recourse do we have?

Depending on how the contract is drafted, you could have recourse. Assuming (without really knowing) that the contract precludes this, you should be able to recover the 10K. You should be entitled to the lost profit, if you can show that the homeowner would have picked you but for the consultant's taking the job. This could be tough but getting some info from the homeowner would help. Of course, I would need much more detail and this is a general analysis and not a legal opinion about...

What does a contractor have to do to get a mechanics lein against your house?

If you don't owe them anything, the memorandum of lien is a dead letter. While they could put a lien on the property, it would be ineffective to do anything but make them, or their attorney happy. The only effect it could have is if you try and sell your home within 6 months of the filing of the memorandum. In that case, the title company would probably clear it up. If you get the lien filed, not doing anything could be the ticket because you know the lien is ineffective.

We hired a contractor & paid him in full - he didn't pay his subcontractor and threatened a lien against our property

Depending on the state, you could have a defense based upon your full payment to the general contractor. This assumes that your full payment was prior to notice of the lien. Check out the florida rules to see if this applies.

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Home addition - we've paid the contractor for parts completed. He never distributed money to the subs. Where do I turn to now?

If this were VA, you'd need to balance what you need as far as a furnace and what you want to do re. payment. Anything you pay over the contract price would be recoverable. I agree that you should find a MA construction attorney to help with this issue. You also need to look out for construction liens, though, again, state law is so specific regarding mechanic's liens that consultation with a Mass. attorney will be necessary.

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