In a Dec. 9 unpublished order in Hall & Wilson Construction Inc. v. Bowers, No. 101566, the high court upheld a Chesterfield County Circuit Court decision that the parties had an oral contract and the statute of limitations had run on the contractor’s $74,375 claim against the owner.
Owner Charlie Bowers signed a printed form that granted Hall permission to come onto the property to remove trees damaged during a 2003 tropical storm and to secure the house. The form also stated the homeowner would be the “responsible party for payment should they receive payment direct from insurance company.”
The Supreme Court faulted the form for its failure to show an agreement to repair the house or just remove the downed trees and its failure to identify whether Hall should remove all downed trees or only those from the house. The form also didn’t state whether Hall should repair damage caused the fallen trees apart from repair to the house, or account for the amount, time and manner of payment.
By Deborah Elkins
As always, please consult with a Virginia attorney about legal issues raised in this article. Every situation is unique.
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