Matters we handle
- Breach of contract claims, whether you are bringing the claim or defending one.
- Disputes between businesses, and between business owners.
- Collection of unpaid invoices and accounts.
- Review of contracts before you sign, and advice when the other side is not performing.
- Negotiation, mediation and trial.
What a breach of contract claim requires
In Virginia, a party claiming breach of contract must show a legally enforceable obligation, that the other party failed to meet it, and that the failure caused a loss. Much of the work in these cases is in the documents: the contract itself, the emails and messages around it, invoices and payment records.
Time limits
Virginia law limits how long you have to sue. In general, the deadline is five years for a written contract and three years for an unwritten one, counted from the breach. Contracts for the sale of goods and some other claims have different periods, and a contract can shorten the deadline, so have the dates checked early.
Resolving a dispute without a trial
Many business disputes end with a demand letter and a negotiated agreement, or in mediation. Those routes are usually faster and less costly than a trial. They work best when the other side can see that you are prepared to go to court if you have to.
Where business cases are heard
Smaller civil claims are heard in Chesterfield General District Court, 9500 Courthouse Road, Chesterfield, VA 23832, where cases move quickly and are decided by a judge. Larger and more complex cases are filed in Chesterfield Circuit Court, which allows fuller exchange of evidence before trial and trial by jury.
What to bring to your consultation
Bring the contract and any amendments, the correspondence about the dispute, invoices and proof of payment, and anything you have received from the other side or its lawyer, especially court papers with a response deadline.
Common questions
Is an oral agreement enforceable in Virginia?
Often, yes, although it is harder to prove and some kinds of agreement must be in writing to be enforced. The time limit to sue on an unwritten contract is also shorter.
I was served with a lawsuit. What should I do?
Note the deadline on the papers and contact a lawyer right away. Missing the deadline to respond can result in a judgment against you without a hearing on the merits.
How are fees charged in a business dispute?
Fees are set after the consultation and depend on the type of case. Hourly, flat and contingency arrangements are all possible in civil matters.
This page is general information about Virginia law, not legal advice for your situation. Reading it or contacting the firm does not create an attorney-client relationship. Every case is different, and past results do not guarantee a future outcome.