Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I'm having a house built in WV. I live in VA. The general

Customer Question
contractors home base of operation...
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
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
5/27/2016
Real Estate Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,556
Experience: Texas Attorney for 30 years dealing in real estate
Verified

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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer 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

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 1 year ago
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer 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.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 1 year ago

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

Ask Your Own Real Estate Law Question
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,556
43,556 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

43,556 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Contractor was grossly negligent in installing planters on a
Contractor was grossly negligent in installing planters on a condominium patio and not connecting the drains to the building draining system. This resulted in rain water collecting in the structure of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
As a Licensed contractor in kalamazoo michigan do i need to
As a Licensed contractor in kalamazoo michigan do i need to file a permit to remove and replace the roof of a residential home?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,533 satisfied customers
Responsibilities when Roof leaks cause damage to interior of
Responsibilities when Roof leaks cause damage to interior of condominium? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If buying a home with unpermitted construction i.e. an extra
If buying a home with unpermitted construction i.e. an extra family/sun room, will the potential back tax penalty be based off the extra square footage of the house at sale? Will there be any back tax… read more
KJL LAW
KJL LAW
Juris Doctorate
1,627 satisfied customers
Movers damaged my hardwood floors and we have been going
Movers damaged my hardwood floors and we have been going back and forth since August. Finally they are telling me that they can't pay me the money per California law and that they need to pay the cont… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have an insurance claim question. I had some water damage
I have an insurance claim question. I had some water damage and did not think I was going to file for RCV, so I paid cash to two drywall guys I know who do this kind of work at night for about 650 sq … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
We are a construction company in Wisconsin and we are on a
We are a construction company in Wisconsin and we are on a job site and our north property line is parallel to Canadian Pacific Rail road. Our new building foundation is 2'-0" off of the north propert… read more
Damien Bosco
Damien Bosco
3,000 satisfied customers
My son and daughter in law bought a newly constructed house
My son and daughter in law bought a newly constructed house that was supposible inspected by the county Many things are wrong with it They had an independent inspector look at it They went to midigati… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,533 satisfied customers
I started a construction company during my marriage. I
I started a construction company during my marriage. I bought a piece of vacant land and built a rental property. The home is titled in both our names. To save money, I did everything in house: permitting, design, plan drafting, contracting and all aspects of each phase of construction I performed labor complete the home. At one point, we estimated that my "sweat equity" in the property (remember, it was vacant land) was $250000. Is any part of that my separate property? … read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
I signed an agreement with a contractor on October 13.
I signed an agreement with a contractor on October 13 … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,901 satisfied customers
I contracted with a construction firm and paid them 90% of
I contracted with a construction firm and paid them 90% of the cost of a bath remodel last January. They *still* have not worked on my house nor provided a start date for doing the work. Can I require… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I entered into a contract with a contractor to have an
I entered into a contract with a contractor to have an outdoor kitchen built. Three months have gone by and the contractor has answered only one or two emails -- just enough to give me an excuse. How … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
Builder constructed a new home at a higher elevation than
Builder constructed a new home at a higher elevation than mine, and now the rain, the sprinkler and the water from the downspout from the neighbor's new home is flooding my backyard. What recourse do … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My landlord is doing major construction in the basement for
My landlord is doing major construction in the basement for seepage and leakage that I've had to clean up for years everytime it rains. This will be going on for 3 to 4 weeks. People will be carting i… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
On Staten Island, can neighbor construct 6 foot chain link
On Staten Island, can neighbor construct 6 foot chain link fence directly on property line? possibly encroaching onto my property? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a construction materials reclamation/recycling
Hello, I have a construction materials reclamation/recycling question. We've contracted with a demolition specialist for a 100 ft radial brick chimney, but would like to try to do something with the d… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,901 satisfied customers
Here is my scenario: my HOA hired a contractor to construct
here is my scenario: my HOA hired a contractor to construct a new deck for my townhouse. The work done by the constractor was faulty which resulted in air getting into the basement that led to pipe fr… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x