What is the difference between construction fraud and breach of contract under Va. Code 18.2-200.1? The Commonwealth must prove 5 things to convict a person of construction fraud, namely that the contractor (1) obtained an advance of money from another person; (2) had a fraudulent intent at the time the advance is obtained; (3) made [...]
Do I have to pay back my insurance company for medical expenses from my settlement or recovery for personal injuries in Virginia?
Do I have to pay back my insurance company for the medical expenses from my settlement or recovery for personal injuries in Virginia? Generally, the answer is “NO”. In Virginia, the public policy as set out by the legislature in § 38.2-3405 states that it is unlawful for an insurance contract providing hospital, medical, [...]
Virginia Courts will not re-write or strike out, or “blue-pencil” restrictive covenants. Traditionally an editor would use a blue pencil to make corrections to written copy since the corrections would not show up in a number of older lithographic or photographic reproduction processes. The courts adopted the phrase “blue-pencil” test to describe a court striking [...]
Non-competition Agreements in Virginia An employee’s duty to his employer not to compete arises out of his relationship to his employer. Restatement (Second) of Agency § 393 (1958). Thus, upon the termination of the relationship, the employee may compete with his employer unless a valid non-compete agreement prohibits such conduct. See Hilb, Rogal & Hamilton [...]
Virginia Contract Law – “Act of God” Q: What is meant in the contract by an “act of God” ?First, persons of faith that believe that God controls everything in every aspect of our lives should not be offended. The inclusion of such a contractual term is actually a recognition of God and the [...]