They committee can establish a contract between the builder and contractor, provide a clear intent of each, demonstrate a breech by the faulty building and receive damages.
12.4 Unfortunately, I do not feel that, as the situation is worded, Einhorn can sue Seeley. In this situation, there is no implied contract between her and the locksmith. In other words, because she was a third party and only a guest I do not feel she can claim to have a contract with the locksmith and there is no culpability for negligence on the locksmith's part.
12.9 PEPCo cannot maintain the law suit because the contract specifically implied that that the contractor was prohibited from assigning "any moneys due" without the city's approval. "The Contractor shall not assign this contract or any part thereof, or any moneys due or to become due thereunder, without the written prior approval of the Owner. The court agreed and dismissed PEPCo's suit with prejudice." As worded, the city is not responsible.
12.13 Accord and satisfaction is an agreement to substitute an existing debt with an alternate form of discharging the debt. Because Pollock accepted the lower offer, if he was paid the $15,000 he...
If he was paid the lower amount he could technically attempt to also get the promised two additional buyers although that may prove impossible to enforce. An agreement to accept less than was due in order to wrap up the matter allows the accord and satisfaction to eliminate the debt as the new agreement is rewritten as the total debt.
12.14 A Novation agreement is one where a legal instrument is executed by the contractor, the successor in interest and the by which, among other things, the transferor guarantees performance of the contract. Basically the transferee would assume all obligations under the contract and the purchaser would recognize transfer of the contract and assets. Clear evidence would have been required in order to justify setting a written contract aside. The parties' intent was demonstrated by their actions in making the agreement.
3. For Chapter 13 - Find Virginia code for punitive damages.
8.01-52. Amount of damages.
The jury or the court, as the case may be, in any such action under 8.01-50 may award such damages as to it may seem
