Legal Question in Construction Law in Virginia

Contract interpretation

We purchased a high end cut and numbered kit house with a set of detailed plans. We hired a contractor claiming experience building the particular kit. The contract specifies that the construction plans are incorporated by reference. The contractor did not follow the plans, omitting and/or mis-installing structural and other elements. Not following the plans risks voiding specific warranties provided by the kit supplier, a fact that would be known to anyone familiar with these kits. Framing of house failed close in inspection. Deviations from plan have been verified by a structural engineer and a home inspector. Under Virginia law does incorporation by reference of the plans & specs require the builder to adhere to them, and to what extent?


Asked on 1/22/05, 10:13 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Contract interpretation

As long as it can be demonstrated by a preponderance of the evidence that the contract was not one of adhesion (i.e., drawn up by one of the parties in a demonstrably biased manner which unfairly prejudiced the other)or one that subjected one of the parties to undue influence, duress, or that at least one of the parties was mentally incompetent, etc., the contract will be enforceable under Virginia law---including the provision which incorporates the construction plans by refernce.

If expert opinion can be mustered at trial to testify that these incorporated by reference plans in fact were not followed and that deviations occurred which have have resulted in damages to the plaintiff(you), then the trier of fact should come down with a verdict of judgment in your favor.

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Answered on 1/22/05, 12:05 pm


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