Legal Question in Construction Law in Virginia

re: residential design contract

I am being threatened with suite from a residential client.

The Client provided hardline sketch plans for additions to their residence and provided building setbacks.

There is an unsigned written 2nd agreement between us that under "Owner's Responsibilities" has wording that is being used to argue I did not perform under the contact. The 1st agreement had nothing about zoning because the Client did not want me to put time in it ... he had done it all.

This wording reads:

-The Client will furnish, at the Client�s expense, a copy of the properties current Plat (that the designer will use to prepare a Site Plan).

--The Client�s design plans dated �12/21/09 Rev� are based on Zoning Requirements and will be confirmed by the designer during the first part of project work.

The intent was and operated through the design work that the Owner only wanted limited Zoning confirmation.

Well into the project the Client made design changes that brought building limitations to my attention that were brought to the Client's attention. The Client in meetings with the county found that the project could not be built as desired. The project was subsequently put on hold.

I terminated the contract based on the Client's intentions to delay the work for a prolonged period and change its scope. After providing drawings of work to date of the work being stopped the Client wants his money back.

How does the Commonwealth of Virginia view actions of parties operating on a contract in this case where the wording is not explicit?

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