Virginia Code

Va. Code Ann. § 18.2-200.1 (2026)

Failure to perform promise for construction, etc., in return for advances

✓ current as of May 2026

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If any person obtain from another an advance of money, merchandise or other thing, of value, with fraudulent intent, upon a promise to perform construction, removal, repair or improvement of any building or structure permanently annexed to real property, or any other improvements to such real property, including horticulture, nursery or forest products, and fail or refuse to perform such promise, and also fail to substantially make good such advance, he shall be deemed guilty of the larceny of such money, merchandise or other thing if he fails to return such advance within fifteen days of a request to do so sent by certified mail, return receipt requested, to his last known address or to the address listed in the contract.

1980, c. 459; 1987, c. 358.

Notes of Decisions

Cited in 50 cases (4 in the last 5 years), 1986–2026 · leading case: Holsapple v. Commonwealth, 574 S.E.2d 756 (Va. Ct. App. 2003).

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Holsapple v. Commonwealth, 574 S.E.2d 756 (Va. Ct. App. 2003). · cites it 72× “The panel affirmed Holsapple's conviction for fraudulently obtaining an advance of payment for construction work to be performed in the future, in violation of Code § 18.2-200.1. In reaching this determination, the panel affirmed the trial court's rulings that 1) Code § 18.”

Bowman v. Commonwealth, 777 S.E.2d 851 (Va. 2015). · cites it 30× “The trial court convicted Cameron Frazier Bowman of construction fraud, in violation of Code § 18.2-200.1. On appeal, Bowman contends that the evidence was insufficient to prove that he received a statutorily compliant letter demanding a return of a $2,100 advance he had…”

Holsapple v. Commonwealth, 587 S.E.2d 561 (Va. 2003). · cites it 26× “Code § 18.2-200.1 provides in pertinent part as follows: If any person obtain from another an advance of money, .”

McCary v. Commonwealth, 590 S.E.2d 110 (Va. Ct. App. 2003). · cites it 18× “Stephen Michael MeCary was convicted after a bench trial of construction fraud and larceny in violation of Code § 18.2-200.1. He challenges the verdict on the following grounds: the evidence was insufficient to establish fraudulent intent; he was not the criminal agent because…”

Boothe v. Commonwealth, 358 S.E.2d 740 (Va. Ct. App. 1987). · cites it 20× “was convicted of construction fraud pursuant to Code § 18.2-200.1, based on a charge that he fraudulently obtained a $200 advance of money upon an unfulfilled promise to install a septic system and a driveway.”

Jimenez v. Commonwealth, 402 S.E.2d 678 (Va. 1991). · cites it 8× “advances,” in violation of Code § 18.2-200.1. The jury found Jimenez guilty as charged in the indictment and fixed his punishment at 12 months in jail and a $1,000 fine.”

Alexander J. Dennos, Jr. v. Commonwealth of Virginia, 754 S.E.2d 913 (Va. Ct. App. 2014). · cites it 10× “, of two counts of construction fraud, in violation of Code § 18.2-200.1. On appeal, Dennos claims that the evidence was insufficient to find him guilty and that the single-larceny doctrine required the court to merge the charges into a single count.”

Rader v. Commonwealth, 423 S.E.2d 207 (Va. Ct. App. 1992). · cites it 8× “David Rader was tried without a jury and convicted of construction fraud in violation of Code § 18.2-200.1. Rader appeals on the grounds that the evidence was insufficient to support the conviction and that the trial court erroneously admitted evidence of building code…”

Williams v. Commonwealth, 595 S.E.2d 497 (Va. Ct. App. 2004). · cites it 12× “The statute at issue in Jimenez , Code § 18.2-200.1, provided as follows: "If any person obtain from another an advance of money, .”

Holsapple v. Commonwealth, 566 S.E.2d 210 (Va. Ct. App. 2002). · cites it 32× “Thomas Michael Holsapple appeals his conviction, after a bench trial, for fraudulently obtaining an advance of payment for construction work to be performed in the future, in violation of Code § 18.2-200.1. Holsapple contends the trial court erred 1) in concluding that Code § 18.”

Bottoms v. Com., 704 S.E.2d 406 (Va. 2011). · cites it 4× “BACKGROUND On May 14, 2007, the Dinwiddie County Grand Jury indicted Bottoms for two counts of construction fraud in violation of Code § 18.2-200.1. On January 10, 2008, Bottoms was arraigned on these indictments in the Circuit Court of Dinwiddie County.”

Redman v. Commonwealth, 487 S.E.2d 269 (Va. Ct. App. 1997). · cites it 2× “Commonwealth, the evidence proved that the defendant received an oral request for the return of advance money but no written request was made as required by Code § 18.2-200.1. The Supreme Court invoked the ends of justice exception to reverse the defendant’s conviction, finding…”

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