Contract – Contractor License – Remodeling Project – Plea In Bar 
By Deborah Elkins
Published: June 2, 2008
A Class B contractor is barred from suing homeowners for an extra $62,355 he says is owed for requested alterations in a remodeling project, because the contract for $128,600 exceeded the monetary limits for Class B contractors under Va. Code § 54.1-1115, a Fairfax Circuit judge says in a case of first impression.
Plaintiff contracted to [...]
Forceps delivery results in brain injury – $2,100,000 Settlement
By Virginia Lawyers Weekly
Published: June 2, 2008
In 2003 the plaintiff’s mother finished an uncomplicated prenatal course and went into labor with her first child. The pregnancy was full term. The course of labor was essentially uneventful with the exception of the position of the fetus. There was no emergent indication for the use of operative instruments such as non-reassuring fetal heart [...]
Civil Procedure – Personal Jurisdiction – Va. Long-Arm Statute
By Deborah Elkins
Published: June 2, 2008
Although plaintiffs suing on two promissory notes have incorporated into their pleadings defendant LLC’s operating agreement showing an individual maker of the note had authority to bind the LLC, the maker did not sign as agent or managing member of the LLC, and a Fairfax Circuit Court judges finds that the Virginia court does not [...]
Real Estate – Sales Contract – Dec Action
By Deborah Elkins
Published: June 2, 2008
A realty company cannot seek declaratory relief against a woman who hired the realty company to sell her mother’s home, then terminated the contract after the realty company allegedly failed to communicate purchase offers and misrepresented details of purchase offers, and filed a complaint with the state regulatory agency, because the conflict between the parties [...]
Man who walked away from home purchase hit for $155K
By Peter Vieth
Published: June 2, 2008
A Bedford County jury verdict last month dramatically illustrates the recent downturn in the real estate market and the potential consequences for unwary real estate purchasers.
The sellers of a high-priced home (pictured above) in a new Forest-area subdivision won a $155,000 judgment against a man who signed a contract to buy the home and later [...]
Criminal – Capital Case – Right To Counsel – Presentence Interview
By Deborah Elkins
Published: June 2, 2008
In a case of first impression, a Fairfax Circuit judge holds that a defendant in a capital case does not have a Sixth Amendment right to counsel at the presentence interview conducted by a probation officer, and defendant’s motion to have counsel present during the interview is denied.
In regard to whether a presentence interview constitutes [...]
Real Estate – Condemnation – Majority Report – Alleged Defects
By Deborah Elkins
Published: June 2, 2008
A Madison County Circuit Court denies respondents’ request to set aside the majority report of the condemnation jury and to order a new trial in this condemnation case.
The court first addresses the argument concerning the inaccurate property description contained in the majority report form completed by the jury. In the court’s view, the mistaken references [...]
Contractor can’t sue for more than limit of license
By Alan Cooper
Published: June 2, 2008
A Class B contractor cannot sue to recover more than the monetary limit of his license, a Fairfax County judge has ruled in a case of first impression.
The issue arose from renovation of a home by Daniel Jones Remodeling LLC. The contract called for the payment of $128,600 for the work, and the homeowners paid [...]
Insurance – Premium Payment – Crop Insurance
By Deborah Elkins
Published: June 2, 2008
Where plaintiffs dispute their obligation to pay a premium for crop insurance for certain crops on their Texas farm, their dispute with defendant insurance company is covered by the arbitration provision in the crop insurance policy, which requires the parties to first arbitrate “any factual determination” in dispute between the parties, and the Madison County [...]
Cop, town don’t get immunity in wreck
By Alan Cooper
Published: June 2, 2008
A Waverly town policeman took time to shave before responding to a homicide call from his Prince George County home.
That delay was inconsistent with any interest the state might have had in his driving more than 20 miles per hour over the speed limit to get to the scene, Prince George Circuit Judge Sam Campbell [...]
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