West Virginia Complaint Against Contractor and Surety for Abandonment of Construction Project

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US-01129BG
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Description

The failure of a building contractor to substantially perform the terms and conditions of a building contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.


A surety is a person obligated by a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. A surety is often found when someone is required to post a bond to secure a promise to perform.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

However, you must possess a West Virginia contractor license to work on any project that is valued above $2,500. Handyman professionals can perform minor services, such as repairing windows, patching holes in walls, and interior painting.

Better Business Bureau: 212-533-6200 in the New York City area, or 1-800-828-5000 elsewhere in the state.

If a contractor is licensed in Pennsylvania, homeowners can file a complaint with the Pennsylvania Office of Attorney General's Bureau of Consumer Protection. The Bureau investigates complaints and takes action against contractors who violate consumer protection laws.

AT LEAST NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS.

Oral Contracts With Contractors Are Legally Enforceable You can sue a contractor for breach of contract, even without a written contract. (Actually, the contractor can sue you as well, for failing to uphold your end of the oral agreement.)

Purpose. This article is intended to establish procedures for the negotiation of a claim of a construction defect asserted by a claimant against a contractor. The parties to a contract are encouraged to resolve any disagreement concerning the contract short of litigation.

File a Consumer Complaint State of West Virginia. Office of the Attorney General Patrick Morrisey. Consumer Protection Division. 1-800-368-8808 or 304-558-8986. E-mail: consumer@wvago.gov.

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West Virginia Complaint Against Contractor and Surety for Abandonment of Construction Project