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Virginia Contracts Questions & Answers
1 Answer | Asked in Contracts and Small Claims for Virginia on
Q: My landscaper hit a rock damaging my storm door and now refusing to pay? Should I hire a lawyer?

We have been in contact with said company and they’ve been giving us the run around for several weeks now. And suddenly communication has gone silent. We’ve reached out to see if the insurance company is going to pay and for any updates and have gotten nothing in response.

John Michael Frick
John Michael Frick
answered on Sep 1, 2023

No. The cost of a lawyer will greatly exceed the cost of a completely new storm door. Most storm door companies sell replacement windows as windows do break.

I would get the storm door window replaced and maybe submit a claim to your homeowners insurance company.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Construction Law for Virginia on
Q: If a VA court invalidates a mechanic's lien, does it reset the clock? (90 days)
T. Augustus Claus
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answered on Aug 7, 2023

If a Virginia court invalidates a mechanic's lien, it typically does not reset the clock for the 90-day period in which a lien claimant must file their lien. The 90-day period usually starts from the last day of labor or the last day materials were furnished. The court's decision to... View More

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Construction Law for Virginia on
Q: I made 10% down payment cash and signed contract. The contractor is forcing me to pay all 100% before installation

I made 10% down payment via check for solar panel installation and signed contract. The company is forcing me to pay the remaining 90% before installation begins or else they won't install. There is nothing in the contract as to when final payment is due other than same day. I thought that... View More

Richard Sternberg
Richard Sternberg
answered on Jul 5, 2023

Perhaps you should have a a lawyer rev new the contract you signed?

1 Answer | Asked in Contracts and Employment Law for Virginia on
Q: If my employer had me sign an NDA/NON-COMPETE after a law was passed that it is unlawful to require signatures ..

from low wage employees and at the time of signature, I was low-wage, but upon termination a year later i wasn't, can it be enforced? and, if the Non Compete states the following... is that a 5yr employment contract?

7. Term. The time period during which information shall be exchanged... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You are seeking specific legal advice on a forum that offers general legal opinions and explanations about the legal process. More information will be needed for an opinion. This is an employment law/contracts question, as you know. You need to consult an attorney in your local area that practices... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Can Unison determine the dollar amount for their end agreement when a property is sold?

I'm selling my property in 2 weeks, Unison is using their home appraisal valuation to end the agreement vs sales price which is about 60k more than the sales price. So we are required to pay them the additional value even though is not what we are selling the home for.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on May 23, 2023

A sale of real property in Virginia must be in writing to be enforceable. Both the seller's and the buyer's rights and responsibilities are determined by reference to the written contract. The standard Realtor/Multiple Listing Service contract in Virginia includes provisions dealing... View More

1 Answer | Asked in Contracts for Virginia on
Q: Once I sign next year's contract with my employer, can I change my mind and accept another job?

There is no early termination provision in my contract. It is an agreement to salary and terms. I am concerned about "breach of contract" if I accept the better job offer. Thank you!

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

Its great that you are thinking about this before an issue arises. The only way to fully answer your question is to review the contract. There may - or may not be - restrictions on your actions.

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Virginia on
Q: What does Plaintiff hereby waives any and all right to be provided with any futther notice of payment of settlement fund

This is written in my settlement agreement that payment would be sent to counsel and my attorney stated the other attorney sent payment to another location like the check is lost

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2023

A Virginia attorney could advise best, but your question remains open for a week. It means that plaintiff waives further notification of settlement payment being sent, other than the initial notice made to the attorney. It sounds like the opposing attorney sent check to a wrong location, and that... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Virginia on
Q: Hello. Needed information as to how do I prepare for a "Summons to Party to a Joint Account?

This is in reference to joint account I have with my child's father. It was also mentioned that I was a non resident on form as my address is in MD. and his in VA. Funds was garnished from account for a debt he owed dating back to a timeshare he acquired almost 20 years that I have no ties to... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you have received a "Summons to Party to a Joint Account," it means that a creditor or debt collector is trying to collect a debt from your joint account with your child's father. Here are some steps you can take to prepare:

Review the summons carefully: Make sure you...
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1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on
Q: Hello! I went to purchase a vehicle for my new business. The person at the dealership asked me to put down 2K

After looking for lenders for my loan. I was told by the finance rep to put down 2k to cover the tax and other fees at least due to the amount of the loan. At that moment, it wasn’t my intention to do so but I felt pressure to do it. Can I use any consumer law on this case?

Dragan Ivetic
Dragan Ivetic pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

The facts as presented in the question unfortunately are unclear as to what basis there would be for a consumer law claim.

Is there a claim of fraud or deceptive business practices? Just because you intended to do one thing and ended up doing another - does not by itself indicate fraud....
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1 Answer | Asked in Contracts and Collections for Virginia on
Q: How enforceable is a contract that was signed in Alabama but in confusing agreement, states it is signed in VA

I set up a contract unknowingly that forces me to travel to VA to defend and the provess is over-bearing

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 16, 2023

Without being able to read the contract, which we cannot do in this forum, nobody can give you an answer except that you should take the document to a local attorney to determine its enforceability. The likelihood is small that a mistake like that would render the contract unenforceable.

1 Answer | Asked in Employment Law and Contracts for Virginia on
Q: Am I legally allowed to sign this affidavit in order to get my partner benefits through my new employer?

I have recently started a new job, and my employer offers to extend benefits to Domestic Partners of employees. I have been living with my partner for over three years now, and we were just about set to sign all necessary enrollment paperwork. Before doing so, I must sign an "Affidavit of... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 22, 2022

You should check with a Virginia contract attorney to be sure of this, but generally, the answer to this question will depend on whether the affidavit defines the word "principal" anywhere. If the word "principal" is capitalized in your affidavit, this likely means it is a... View More

1 Answer | Asked in Contracts for Virginia on
Q: What is the acceptable format for filing a promissory note with the court clerk's office in the state of Virginia?

I am aware that they typically do not like to file these for things other than real estate. Also, is there is an equally sufficient alternative (like a security backed loan), which may be more readily accepted?

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

I'm not aware of any mechanism that would permit you to file a general promissory note in the Clerk's office unless it is associated with an enforcement action as part of a claim. If you have a security agreement with the debtor or sufficient language in the promissory note, you may be... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Virginia on
Q: Is there a statute of limitations on credit card debt?

I was contacted by a law group saying I owed on an old credit card debt. They're saying the last time they tried to contact me was 2016 from a card I obtained before 2010. It was a JCPenny store card. They're threatening garnishment. I paid off all my debts before I purchased my home in... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Dec 9, 2022

Credit card lawsuits typically involve two different jurisdictions - the issuer's home state and the borrower's home state, and the shorter of the two may apply in Virginia. In Virginia Code Section 8.01- 232, there are three conditions on the enforceability of a waiver of the right to... View More

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1 Answer | Asked in Contracts, Civil Litigation and Construction Law for Virginia on
Q: I paid a contractor in Virginia half my deposit. Then he moved to Ohio to avoid paying me back. What can I do?

I have invoice and proof of paying with a cashier's check. He is trying to defraud more people and he blocked me on facebook when I told people he was a scam.

Steven Krieger
Steven Krieger
answered on Nov 3, 2022

If the project was in Virginia, you could sue him in Virginia, but you may need to register the judgment in Ohio (or where ever the contractor is living) to enforce the judgment. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Contracts and Collections for Virginia on
Q: I am being sued for money a company said I owed from 2014. I received letter from their lawyer. What should I do?

I owned an LLC that sold flooring for a company from 2011 thru 2014. I told the owner I was starting another LLC and would not be working for them full time, but I would still help them. The owner was very rude and threatened to sue me for jobs they installed for me. I could not afford a lawsuit so... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 11, 2022

Well, did you get a letter or were you served a complaint? There's a big difference; if it's just a letter then you haven't been sued. In anybevent, hire a lawyer. Defending a lawsuit isn't as easy as saying "I don't owe him any money".

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Virginia on
Q: Is a verbal commitment legal in the courts.

My parents told me they wanted to leave me their house when they both past away. I sold my house and moved in with them. One year later my father pasted away and not even 2 months later my mom said that she wasn't going to leave me the house because she had 3 other kids to think about. Is this... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 14, 2022

Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... View More

1 Answer | Asked in Contracts, Divorce, Family Law and Real Estate Law for Virginia on
Q: Can my spouse evict my family from while I'm away on deployment?

I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 8, 2022

You should provide to him a document expressly authorizing him to stay in your house to care for the same.

Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a...
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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Virginia on
Q: Customer threatening to sue general contractor if not refunded for work

I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.

The response above is a...
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1 Answer | Asked in Contracts for Virginia on
Q: Can I fight a judgement from 2015 I knew nothing about? I was never served!

I got a car in Mar 2014. The car broke down Aug 2014, almost killing me so I gave the car back to the dealer. They put a judgment against me in 2015 that I knew nothing about, I was never served! Now there is a garnishment case Dec 2022! What can I do? Can I even fight the judgment anymore? I’m... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

If the judgment was obtained without proper service, then you may ask the court to declare it void, in violation of due process. You should go to the clerk's office where the judgment was taken, and examine the file to see how service was reported. If for example it says they served you at... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Can a landlord deny a physical, signed lease in preference for an electronic one?

Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Jul 15, 2022

That sounds like nonsense.

You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the...
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