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1998 SESSION
987597476Whereas, 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.