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?
2 Answers from Attorneys
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.
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.
Related Questions & Answers
-
Being held responsible I am a sales rep for a company that is struggling... Asked 11/02/08, 8:45 pm in United States Virginia Business Law
-
Non-compete Hello. I am a licensed cosmetologist that has been freelancing as a sole... Asked 11/01/08, 10:34 pm in United States Virginia Business Law
-
Business law If I told someone to steal something for me and someone else heard me... Asked 10/26/08, 10:28 pm in United States Virginia Business Law
-
Do i own 100% i bought a corp 3 yrs ago and found out that someone owns 25% of... Asked 10/24/08, 12:51 am in United States Virginia Business Law
-
Unauthorized paycheck deduction My husband and a fellow truck team member hit a... Asked 10/23/08, 9:01 pm in United States Virginia Business Law