Legal Question in Business Law in Virginia

What makes a contract legal?

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

Is this legal?


Asked on 11/03/08, 11:16 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: What makes a contract legal?

Although poorly written, if the person who signed for "joe hotel" had authority to do so , it could be enforceable(at least in part and assuming there are no valid defenses that might apply).

Why anyone would sign something like this in behalf of a major business such as a hotel, I find quite mindboggling.

Read more
Answered on 11/03/08, 11:34 am
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: What makes a contract legal?

This is just bizarre and I do not understand why the hotel would agree to this. The "contract" says nothing about the start date or that a failure to provide a "start date" makes the contract "void," even though this is what the contractor claims. I assume neither the "deposit" or any other consideration was paid?

I would suggest you consult an attorney as soon as possible.

Read more
Answered on 11/03/08, 1:00 pm


Related Questions & Answers

More Business Law questions and answers in Virginia