Consumer Law, Warranties Is this contract legal?

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LLCGIRL

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My jurisdiction is: Virginia

My jurisdiction is: Virginia, USA

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


Can this even be considered a contract...there are no terms, time tables, breach or cancellation clauses, no expiration, etc.???

Any information you could provide would be great, I don't know whether to take this seriously or not...The gentleman said I had until 12pm today to contact him before he took legal action, but i received in the mail this morning a warrant in debt for $8000.00.

Thanks so much!
 
Why do you call this a "written quote" when the document itself says "have been contracted to render my services"?

Generally, the law will presume contractual intent between commercial parties. It will also strive to uphold an agreement even if it is vague. It won't invent terms, but it might refer to business custom, previous dealings, trade practices. A judge might find there was an implied term to agree on an acceptable start date. On the other hand, "render my services" might be hopelessly vague.

Your local law in Virginia might vary. You should consult a local lawyer for a legal opinion.
 
Another Question

The Dept of regulation over contractors in the Commonwealth has a list of minimum requirements which are to be included in every written contract issued by a licensed contractor. The contract in question only satisfies one of these requirements. Could this cause the contract to be invalid?:)
 
If the other party here is a licensed contractor, and if those are iron-clad requirements, and if the consequence of failing to satisfy the requirements is that the contract is invalid, then I would imagine it could not be otherwise. But that's just the opinion of some bum on the internet.
 
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