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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40974
Experience:  Texas Attorney for 30 years dealing in real estate
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I'm having a house built in WV. I live in VA. The general

Customer Question

I'm having a house built in WV. I live in VA. The general contractors home base of operation is in NC. I signed the contract to build the home while physically in WV.
The contract says the house will be completed within 7 to 12 months. The house is not finished. He started construction more than 3 years ago. Does it mater which state I start legal proceedings
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA, Ray here to help you today.

You would want to file breach of contract suit in WV where property is located unless the contract states otherwise.The contractor was to perform in WV so you can sue there,and property is there too.You will need a West Virginia lawyer to send demand letter and file suit if unresolved.You have rights here , there was a clear breach if not completed as set out in the contract.You can claim loss of use, etc and legal fees as well.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 1 year ago.

You have up to 10 years to file suit here.

Contract (in writing), 10 years

W. Va. Code § 55-2-6

Expert:  Ray replied 1 year ago.

This is considered a material breach of the contract.

  • Here compensatory damages help compensate you for the economic loss caused by the breach of contract.
  • Here consequential are those caused indirectly by the breach of contract. An example of consequential damages would be a store buying a new software system to run its finances. If the system breaks down and the store has to close while it is being repaired, the loss of sales while the new system is being fixed would be consequential damages.
  • In WV liquidated damages are damages that are clearly specified in the contract itself. For instance, a contract may stipulate that for every day a construction job is not finished, a $100.00 fee will be assessed.
  • Punitive damages punish the wrongdoer in contract breach case, that depends on the case here but possible.
Expert:  Ray replied 1 year ago.

I wish you good luck here with the suit and also have a great Memorial Weekend.

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