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1998 SESSION

987597476
HOUSE BILL NO. 302
Offered January 15, 1998
A BILL for the relief of Joseph J. Smith III.
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Patrons-- Van Landingham; Senator: Ticer
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Referred to Committee on Claims
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Whereas, Joseph J. Smith III contracted with Dan Carlisle, trading as Builders Old Town Inc., (BOTI) to install a new front door, jam and casing; and

Whereas, Mr. Smith provided BOTI with a down payment of $1,106.25 with an additional $1,106.25 due upon completion of the job; and

Whereas, that amount included the cost of the door; and

Whereas, BOTI ordered a door from a manufacturer; and

Whereas, BOTI paid by check for the door; and

Whereas, the check was returned for insufficient funds; and

Whereas, Mr. Smith made payment directly to the manufacturer for the door to cover the "bad check"; and

Whereas, BOTI failed to perform under the contract and failed to reimburse Mr. Smith for the $350 door costs; and

Whereas, BOTI returned only $300 of Mr. Smith's down payment leaving $806.25 outstanding; and

Whereas, BOTI's failure to perform caused Mr. Smith legal problems with a prior contractor resulting in legal costs to Mr. Smith in the amount of $218.75 and $10 in postage; and

Whereas, Dan Carlisle filed a petition for liquidation under chapter 7 of the Bankruptcy Code which included Mr. Smith as a creditor; and

Whereas, on January 14, 1994, Mr. Smith received the Discharge of Debtor indicating no distribution from the bankruptcy; and

Whereas, in May of 1994, Mr. Smith attempted to file a claim with the Department of Professional and Occupation Regulation to receive reimbursement for the expenses from the Virginia Contractor Transaction Recovery Fund; and

Whereas, Mr. Smith was informed he was ineligible for recovery from the fund because he had not obtained a judgment in a court of competent jurisdiction; and

Whereas, Mr. Smith relied upon that information; and

Whereas, the law subsequently changed to allow Mr. Smith's claim and the time period for filing claim has lapsed; and

Whereas, Joseph J. Smith III has no other means to obtain reimbursement for his expenses except by action of this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That there is hereby allocated from the general fund appropriation to the Virginia Department of Professional and Occupational Regulation the sum of $1,385 for the relief of Joseph J. Smith III. This sum shall be paid by check issued by the State Treasurer on warrant of the Comptroller to Joseph J. Smith III, upon execution by him of a release of all claims he may have against the Commonwealth or any agency, instrumentality, officer, employee or political subdivision in connection with the aforesaid occurrence.