In considering whether to enforce a liquidated damages clause in a contract between Mitsubishi and White Oak, only the probable actual damages as contemplated by the parties at the time of contract formation is relevant. A retrospective approach, looking to ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Even assuming husband anticipatorily repudiated an agreement to arbitrate certain matters in this divorce case, wife did not accept the repudiation before husband “clearly revoked any repudiation.” The trial court erred by granting wife’s motion to be discharged from her ...

Tagged with: Contract Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Claims by homeowners that defendants did not follow federal regulations during foreclosure proceedings failed because the deed of trust did not make clear that the parties intended to incorporate the regulations. Background Plaintiffs allege entering into a mortgage loan contract ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

The Chesterfield school board had agreed to provide certain educational services to the defendant’s son and she agreed not to sue the board for events that predated the settlement pact. After she later sued the board over the earlier events, ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a real estate contract was expected to close in 2008 but did not close until 2017, a suit brought by an entity entitled to receive certain expenses at closing was timely as it was filed within three years of ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge James A. Wynn Jr.

Where the city of Virginia Beach refused to participate in the closing of an arena development agreement because appellant developer had not fully funded the project before closing on a construction loan, the circuit court properly determined that the city ...

Tagged with: Contract Supreme Court of Virginia

Although a general contractor on a dormitory project at the University of Virginia failed to respond to a subcontractor’s complaint over unpaid invoices by the due date, its motion to vacate default was granted. The general contractor had a meritorious ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

A Virginia statute requiring a foreign corporation that is “transacting business” in Virginia to obtain a “certificate of authority” did not apply to a Maine-based recruiting firm that brought suit over unpaid commissions. The firm’s communications into the state about ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

The director of the Knoxville and Lexington offices of The Office of Surface Mining Reclamation and Enforcement, or OSMRE, lacked actual authority to enter into a purported settlement agreement with mine operators. Although the operators alleged the director had apparent ...

Tagged with: Contract Judge Glen E. Conrad U.S. District Court - Western District

By not providing quarterly reports on their compliance with their obligations in the settlement agreement, Fluvanna Correctional Center for Women and the other defendants breached the settlement agreement. The center must start providing quarterly reports by Aug. 1, 2020, and ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District