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Is this a legal contract?

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llcgirl

Junior Member
What is the name of your state (only U.S. law)? Virginia


Over a year ago, our hotel property was approached by a contractor who was in the area painting another property. For months the gentleman came and asked that we sign a formal quote that he is now calling a contract. The kicker is that in June the gentleman called at stated that if he did not receive a final start date from the property that the "contract" and prices would be void and cancelled and that we would have to renegotiate for new prices. We did not provide a start day and we have not heard from the gentleman until last week when he informed us that he intended to sue for breach of contract as we have just had someone else paint the building...my question is, is this formal quote a legally binding contract???

It states in its entirety:

I joe contractor have been contracted by joe hotel to render my services at the mention location.

On or before the actual painting of the building, a 35% deposit of the actual cost of the job is required.

The remaining balance is required upon completion of the job.

Actual cost of services: $16,000.00
Deposit (35% of actual cost): $5600.00
Balance due upon completion: $10,400.00

Signatures of both parties


Can this even be considered a contract...there are no terms, time tables, breach or cancellation clauses, no expiration, etc.???

Any information you could provide would be great, I don't know whether to take this seriously or not...The gentleman said I had until 12pm today to contact him before he took legal action, but i received in the mail this morning a warrant in debt for $8000.00.

Thanks so much!
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Virginia


Over a year ago, our hotel property was approached by a contractor who was in the area painting another property. For months the gentleman came and asked that we sign a formal quote that he is now calling a contract. The kicker is that in June the gentleman called at stated that if he did not receive a final start date from the property that the "contract" and prices would be void and cancelled and that we would have to renegotiate for new prices. We did not provide a start day and we have not heard from the gentleman until last week when he informed us that he intended to sue for breach of contract as we have just had someone else paint the building...my question is, is this formal quote a legally binding contract???

It states in its entirety:

I joe contractor have been contracted by joe hotel to render my services at the mention location.

On or before the actual painting of the building, a 35% deposit of the actual cost of the job is required.

The remaining balance is required upon completion of the job.

Actual cost of services: $16,000.00
Deposit (35% of actual cost): $5600.00
Balance due upon completion: $10,400.00

Signatures of both parties


Can this even be considered a contract...there are no terms, time tables, breach or cancellation clauses, no expiration, etc.???

Any information you could provide would be great, I don't know whether to take this seriously or not...The gentleman said I had until 12pm today to contact him before he took legal action, but i received in the mail this morning a warrant in debt for $8000.00.

Thanks so much!


**A: no it is not a legal contract per the VA Contractor's License Law as numerous provisions were not included such as disclosures, start and completion dates, lien rights etc.
 

llcgirl

Junior Member
Thank you!

Thank you for your help...we are seeking legal reps and I will let them know of your opinion and will research this matter regarding your input!:)
 

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