Fullerton & Associates

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Accident & Property Damage Attorneys, Attorneys, Bankruptcy Law Attorneys

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(703) 818-2600Call Visit WebsiteVisit Website Map & DirectionsDirections12642 Chapel RdClifton, VA 20124 Write a ReviewWrite Review

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Regular Hours

Mon - Fri:	9:00 am - 5:00 pm

Places Near Clifton with Accident & Property Damage Attorneys

Fairfax Station (6 miles)
Yorkshire (6 miles)
Centreville (7 miles)
Manassas (9 miles)
Burke (10 miles)
Fairfax (10 miles)
Chantilly (13 miles)
Oakton (13 miles)
Bristow (15 miles)

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TollFree: (800) 826-5256

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amex, cash, check, discover, invoicing available, master card, paypal, visa

AKA

Purdy John

Fullerton And Knowles

Purdy John Esquire

John Purdy Esquire

Fullerton and Knowles PC

Other Links

http://www.fullertonlaw.com

https://fullertonlaw.com/contact

Categories

Accident & Property Damage Attorneys, Attorneys, Bankruptcy Law Attorneys, Business Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Employment Discrimination Attorneys, General Practice Attorneys, Legal Service Plans, Litigation & Tort Attorneys, Real Estate Attorneys

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Details

Phone: (703) 818-2600

Address: 12642 Chapel Rd, Clifton, VA 20124

Website: http://www.fullertonlaw.com

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Fullerton & Associates

Misdemeanors
Operating without a required contractor’s license is a criminal class one misdemeanor. There can be DPOR civil penalties. Operating without a required contractor license would be a violation of the Virginia Consumer Protection Act.
Identity Theft
Breaches occur when data systems storing unencrypted or unredacted sensitive information about multiple individuals is acquired or even accessed. In order to trigger the notification obligations under the Virginia statute, the breach must make the entity know or reasonably believe that it has or will cause identity theft or any other type of fraud to any resident of the Commonwealth. The statute adopts a reasonable person standard. The reasonable person standard which is adopted will usually reflect the size and scale of the business. It attempts to compare the conclusions you drew or should have drawn to what like entities would have drawn.
Forgery
An owner or general contractor may want or be willing to agree to a joint check agreement to attract better suppliers or better pricing. These arrangements may also allow the use of cheaper subcontractors that cannot otherwise get supplier credit. Any time that marginal subcontractors are used, however, the owner or general contractor must take on the greater administrative burden of policing the subcontractors. To protect against mechanic’s liens and payment bond claims, the general contractor must be aware of all suppliers and make sure that they are paid. The subcontract should require a complete list of suppliers on the project and prohibit the use of unauthorized suppliers. This allows an owner or general contractor to make sure they have lien waivers from all suppliers on the project at each progress payment. A general contractor should also require the debtor customer to come to the general contractor’s office to endorse the joint check and then the general contractor should deliver that check to the creditor supplier. This eliminates any risk of forgery on the check and makes sure the check is actually delivered.

Business and Corporate Law

Business Formation
Business formation: Our attorney’s provides registered agent services for entity selection and startup, and can advise you on the best type of business entity to use for your goals.
Business Disputes
[2] Pursuant to the Contract Disputes Act, 41 U.S.C.A. §7109 (a) and (b), the rate of interest charged for late payments is established by the Secretary of the Treasury, and published in the Federal Register. https://www.federalregister.gov/documents/2017/07/24/2017-15456/prompt-payment-interest-rate-contract-disputes-act
Business Transactions
There is a Uniform Commercial Code (UCC) statute on this subject. The UCC was intended as a Uniform Model Code that could be adopted by every state legislature. Many business people, lawmakers and academics saw a need for a uniform set of laws covering commercial transactions to facilitate interstate commerce. A national conference of lawmakers, lawyers and college professors worked for years studying the various state commercial laws, debating the pros and cons of these variations and drafting what they viewed as the best "Uniform Commercial Code."
Construction Contracts
Construction Law Survival Manual, a 700+ page reference manual about construction contracts, changes, delays and other claims, mechanic's liens, payment bonds, bankruptcy and the uniform commercial code, and over 30 forms for your immediate free use, including Credit Applications, Contracts, Proposals, Quotes, Guarantees, Security Agreements, Promissory Notes, Change Orders, Lien & Bond Waivers, Joint Check Agreements and Bankruptcy Proof of Claim.

Wrongful Termination
Another possible penalty to the owner for wrongful termination is that the contractor can sue the owner for unjust enrichment. If the owner has received a benefit from the contractor's services and refuses to pay for that benefit, then he has been unjustly enriched by the value of those services. The contractor may sue to recover the value of his services (quantum meruit) and the value of the materials he provided (quantum valebat). The value of the contractor's work may be greater than the contract price if the bid was low.

Real Estate Litigation
Fullerton & Knowles represents owners, lenders, design professionals, suppliers, subcontractors, general contractors, and other members of the real estate and construction industries region-wide. Our firm specializes in all manners of Construction and Real Estate Law as well as a range of General Business matters. Whether you’re a small business, creditor, engineer, or contractor, we bring extensive experience and professionalism to every case and customize our support to your individual needs and concerns.
Construction Litigation
We also have a variety of recorded Construction Law Seminars that are available to view for free. Click here for more information.
Real Estate Transactions
If you are buying, selling or leasing real estate, negotiating easements or other real estate transactions, Fullerton & Knowles, P.C.’s real estate attorneys have the experience and the ability to get the deal done. We represent buyers, sellers, owners, tenants and banks in commercial and residential real estate, handling a broad range of negotiations, transactions, and questions regarding real property sales, acquisition, leasing and ownership, including but not limited to...
Landlord-Tenant Disputes
Property Damage
Similar to the general contractor/construction manager license requirements discussed above, a home improvement contractor must submit a Basic Business License Application for the Home Improvement Category, a Clean Hands Certification, Tax Number, a Certificate of Occupancy/ or Home Occupancy Permit and be subject to a 30 day background investigation. [45] In addition, applicants must provide a Police Criminal History Report from the jurisdiction in which they reside. [46] Applicants must post a cash or surety bond in the amount of $25,000 which is held by DCRA for at least 3 years after the expiration of the license. [47] Insurance in the amount of $50,000 to $100,000 for liability and $10,000 to $25,000 for property damage are also required. [48] Applicants must also submit sample contracts and receipt forms for approval by the DCRA. [49] Home improvement contracts must be reduced to writing, signed by the homeowner and contractor, and must contain certain information such as license number, name, address and phone number for contractor, payment terms, start and completion dates, specifications, and notice in large bold type that homeowner shall not sign the contract until all blank spaces are filled in and no changes without written approval of the homeowner. [50] Other provisions regarding no delay damages for unforeseeable circumstances not caused by the contractor, period of review and rejection of the contract and refund of any payment may also be included. Contractor cannot accept payment from a homeowner until a receipt has been given to the homeowner upon completion of the work. [51]

Trusts and Estates

Power of Attorney
A creditor also wants a joint check agreement that requires checks be sent directly to the supplier and provides a power of attorney to endorse checks on behalf of the debtor customer. This solves the problem of the debtor that disappears, refuses to endorse a joint check or refuses to give it to the creditor. The debtor can also agree that the owner or general contractor can rely on the creditor’s statements of the total current indebtedness to the creditor. This may prevent the debtor telling the owner or general contractor to issue a check in a lower amount or instruct the owner of general contractor not to issue any check, if there is a dispute with the creditor supplier. In this provision, the debtor has agreed that the owner or general contractor can rely on the amount due to the seller in statement of account from the creditor supplier. This provision essentially lets the money flow and makes the debtor take up any dispute with the supplier later. The first two forms at the Appendix include all these provisions.

Bankruptcy
Foreclosure
A Virginia mechanic’s lien may have the highest priority of any in the United States. The mechanic’s lien claimant will have priority over the construction loan bank. The Virginia mechanic’s lien will also survive a foreclosure or any other sale of the property. Bankruptcy will not defeat lien rights.

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