Legal Question in Construction Law in Virginia

Electrical Contract

While employed for an electrical contractor I signed a work agreement for electrical work to be done. Prior to signing this contract it was verbally agreed that a ''trade of services'' would be used to offset the final installation amount and that any remaining balance would be paid via payroll deduction. Eight days after the work was completed I was dismissed by the company. They did not complete their agreement to have the ''trade services'' done and now threaten to place a lien on my property for full payment. I have copies of correspondences between all parties proving that the ''trade services'' had begun prior to my dismissal. Do I have any rights to pursue this ''verbal agreement''? Thank you for your time.


Asked on 12/03/07, 9:17 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Electrical Contract

Yes, of course, you have the right to counter your former employer's claim(s)with whatever evidence you can muster in your defense, including that involving an alleged supplemental oral agreement to the signed work agreement. Whether it would be sufficient, of course, to convince a judge would be another matter in the event that the matter should end up in court.

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Answered on 12/03/07, 9:40 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Electrical Contract

I meant also to add that since your alleged oral supplement to the written agreement would be what the law regards as a violation of the parol evidence rule(items outside the final written contract will not be credited), be prepared to have your proffer of this oral evidence rejected

by the court if it is asked to rule on the matter.

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Answered on 12/03/07, 9:56 am


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