As used in this article, unless the context requires a different meaning:
"Act" means the Virginia Contractor Transaction Recovery Act.
"Biennium" means a two-year period beginning on July 1 of an even-numbered year and continuing through June 30 of the next even-numbered year.
"Claimant" means any person with an unsatisfied judgment involving residential construction against a regulant, who has filed a verified claim under this Act.
"Fund" means the Virginia Contractor Transaction Recovery Fund.
"Improper or dishonest conduct" includes only the wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct constituting gross negligence, continued incompetence, or intentional violation of the Uniform Statewide Building Code (§ 36-97 et seq.). The term "improper or dishonest conduct" does not include mere breach of contract.
"Judgment" includes an order of a United States Bankruptcy Court (i) declaring a claim against a regulant who is in bankruptcy to be a "Debt Nondischargeable in Bankruptcy," (ii) extinguishing a claim against a regulant who is in bankruptcy and for which claim no distribution was made from the regulant's bankruptcy estate but excluding any such claim disallowed by order of the bankruptcy court, or (iii) extinguishing a claim against a regulant who is in bankruptcy and for which claim only partial distribution was made from the regulant's bankruptcy estate. An order of dismissal shall not be considered a judgment.
"Regulant" means any individual, person, firm, corporation, association, partnership, joint venture or any other legal entity licensed by the Board for Contractors. "Regulant" shall not include contractors holding only the commercial building contractor classification or individuals licensed or certified in accordance with Article 3 (§ 54.1-1128 et seq.) or Article 4 (§ 54.1-1140 et seq.).
"Verified claim" means a completed application, on a form designed by the Board, the truthfulness of which has been attested to by the claimant before a notary public, along with all required supporting documentation, that has been properly received by the Department in accordance with this chapter.
1980, c. 635, § 54-145.3:1; 1984, c. 270; 1987, c. 555; 1988, cc. 393, 765; 1990, cc. 437, 911; 1994, c. 895; 1995, cc. 771, 784; 1996, cc. 934, 1006; 1997, c. 885; 1999, c. 55; 2013, c. 343; 2015, c. 409.
Notes of Decisions
Cited in
10
cases, 1990–2012 · leading case:
Auer v. Commonwealth, 621 S.E.2d 140 (Va. Ct. App. 2005).
Auer v. Commonwealth, 621 S.E.2d 140 (Va. Ct. App. 2005).
· cites it 2× “” (emphasis added)); Code § 54.1-1118 (“ ‘Improper or dishonest conduct’ includes only the wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct constituting gross negligence.”
John M. Surprenant v. Bd. for Contractors, 516 S.E.2d 220 (Va. Ct. App. 1999).
· cites it 6× “” Code § 54.1-1118 defines “improper or dishonest” conduct for purposes of the VCTRA as follows: Improper or dishonest conduct includes only the wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct…”
Commonwealth of Virginia v. Michael Gavigan, No. 0921103 (Va. Ct. App. Mar. 22, 2011).
· cites it 12× “3 2 Code § 54.1-1118 of the CTRA defines “[i]mproper or dishonest conduct” as “includ[ing] only the wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct constituting gross negligence, continued…”
Jeffries v. Virginia Bd. for Contractors, 38 Va. Cir. 251 (Fairfax Cir. Ct. 1995).
“§ 54.1-1118, etseq. (the “Act”). Ms. Jeffries challenges the Board’s denial of her claim based on the Board’s finding that she was in the business of development of real property.”
Commonwealth of Virginia v. Karen Mathesius, No. 0285123 (Va. Ct. App. Nov. 20, 2012).
· cites it 4× “In this administrative appeal, the Commonwealth of Virginia’s Board for Contractors (“Board”) challenges the final order of the Circuit Court of Washington County (“circuit court”) reversing the Board’s decision to deny Karen Mathesius’s claim under the Contractor Transaction…”
Earl McCatty v. Commonwealth of Virginia, No. 0585072 (Va. Ct. App. Jan. 15, 2008).
· cites it 4× “The Virginia Contractor Transaction Recovery Act, Code §§ 54.1-1118 through 54.1-1127, establishes a fund for recovery of unpaid judgments against licensed contractors for improper or dishonest conduct.”
Herbert W. Lux, Jr. v. Jack Kotvas, Dir., No. 0366972 (Va. Ct. App. July 8, 1997).
· cites it 2× “Code §§ 54.1-1118 through 54.1-1127. Upon reviewing the record and briefs of the parties, we conclude that this appeal is without merit.”
Lux v. Kotvas, 40 Va. Cir. 457 (Spotsylvania Cir. Ct. 1996).
· cites it 2× “Because the restitution was not paid and Lux was a licensed contractor, the Owenses filed a claim under the Contractor Transaction Recovery Act (Virginia Code § 54.1-1118 et seq.). The Board’s recovery fund committee conducted a hearing and recommended approval of the claim.”
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