Deposit
Before work starts
We have no verified deposit limit for Virginia. Ask what the deposit pays for, and pay in stages tied to finished work.
Ask: What does the deposit pay for, and can the rest be paid in stages as work is done?
Your rights
Virginia
Virginia · home improvement
Before work starts
We have no verified deposit limit for Virginia. Ask what the deposit pays for, and pay in stages tied to finished work.
Ask: What does the deposit pay for, and can the rest be paid in stages as work is done?
If they solicited it at your home and you agreed there
Cancel in writing by midnight of the third business day. Money back within 10 days; they're owed nothing for work done.
Some sales are excepted, such as emergency work you ask for in a signed waiver.
30 instead of 3, for sales where the seller did not immediately say they were a seller, or claimed or implied the visit was for some other purpose (the statute gives a total of 30 days, not stated as business days, and any goods must be made available to the seller in substantially as good condition).
When it applies
Home solicitation sales of consumer goods or services: the seller, or someone acting for them, personally solicits the sale, or solicits it by phone or electronic means at a residence other than the seller's without a prior invitation or appointment, and you give your agreement or offer to buy there (for example, at your home). The Virginia text does not make clear whether a sales visit you invited is covered.
If the contractor sold you the job in person at your home and you signed there, you can cancel in writing until midnight of the third business day after you sign; a mailed notice counts when you post it. The contract must carry a bold 'Buyer's Right to Cancel' notice, and if it is missing you can cancel by any means until the contractor provides it. The contractor must return your payments within 10 days and is not owed anything for work already done.
On the contract and permits
DPOR license
Your contractor
Jobs over $1,000 need a Board for Contractors license, in a class high enough for the contract price.
Virginia contractors need a Board for Contractors license from DPOR for any job over $1,000, and the license class (A, B or C) must be high enough for your contract price; Class C covers single jobs under $30,000. Check the license and its specialties on DPOR's License Lookup; the license number and class must be on your contract.
Who needs one: Anyone who, for a fixed price, fee, commission or percentage, bids on or does construction, removal, repair or improvement of a building or other improvement to someone else's real property when a single contract or project is over $1,000. The license class must fit the job: Class C for a single contract or project over $1,000 but under $30,000 (or under $250,000 of work in 12 months), Class B for $30,000 to under $150,000 (or $250,000 to under $1 million in 12 months), and Class A for $150,000 or more (or $1 million or more in 12 months). Landscape irrigation and water well work need a license at any contract price.
Who doesn't
Where the number must appear
Issued by: Virginia Department of Professional and Occupational Regulation (DPOR), Board for Contractors
An estimate isn't the contract. Ask for all 12 in writing before you sign.
In the rule's words
Be a legible written contract that clearly states the terms, signed by you and the contractor before work starts or any payment is accepted (routine maintenance or service contracts are excepted), with a fully signed copy given to you before work begins.
In the rule's words
Show the contractor's name, address, license number, license class and the classifications or specialties the license covers.
In the rule's words
Say when the work will begin and the estimated completion date.
In the rule's words
State the total cost; a cost-plus contract must name the type of cost-plus contract, the fee or percentage and a cap the total cannot exceed, and a time-and-materials contract must give a fixed price for labor that includes wages, overhead, general and administrative costs, and cost of materials.
In the rule's words
Give the amounts and schedule of progress payments, including the exact amount of the down payment.
In the rule's words
List the specified materials and the work you asked for.
In the rule's words
Include a plain-language clause on events beyond the contractor's control, explaining that delays from such events are not abandonment and are not counted in payment or performance timeframes.
In the rule's words
Promise that the contractor will comply with all local building permit, inspection and zoning requirements.
In the rule's words
Disclose the cancellation rights of both parties; a contract sold to you at home must carry the 'BUYER'S RIGHT TO CANCEL' notice in bold type of at least 10 points, on the front or just above your signature, with a notice-of-cancellation form.
In the rule's words
Include your signed acknowledgment that you received and read DPOR's statement of consumer protections.
In the rule's words
Say that any change to the cost, materials, work or estimated completion date must be in writing and signed by all parties.
In the rule's words
Tell you about the Virginia Contractor Transaction Recovery Fund and how to contact the Board for claim information.
Notes from our check
General information from official Virginia sources. For your situation, ask the state's consumer protection office or a lawyer.