I own 11.5 acres of wooded land in Floyd County, Virginia. It is what is known as “land locked” – that is, it does not front on a public road. But I have a non-exclusive right-of-way across my neighbor’s land for access. As I posted last fall, I had a driveway built in that right-of-way so that I could get to my property. And therein lies the explanation for my recent lack of posts.

On December 29, 2008, I received what is known as a “Warrant-in-Debt” from the Commonwealth of Virginia in Richmond. That turned out to be a lawsuit which was filed against me by a contractor (not the one who built the driveway!!) in Floyd County who alleged that I had entered into a “verbal contract” with him to build the driveway. He was asking for $5,140.50 in damages. Needless to say, this did not make me very happy. I hired an attorney, bought plane tickets, rented a vehicle, and appeared in court in Floyd County on February 12. I lost the case, but I “only” had to pay $750 plus court costs of $69.

I had some very good friends who testified on my behalf, which I deeply appreciate. If not for them, I most likely would have had to pay much more. There are some very fine people in Floyd County, but there is at least one very bad apple who I am quite sure will not be giving my name out as a reference!

So. In the “words to the wise” department: If you are going to do business in Floyd County, VA, here is what I would recommend:

1. Talk to your network of friends to determine who is honest and reliable and who is not. Do not rely on newspaper advertisements or websites when selecting a contractor to do work for you.

2. Be very, very careful to document everything you say to a person you are considering hiring. Do not, under any circumstances, say anything that could be interpreted as a verbal contract because under Virginia law, a verbal contract, in all but a very few circumstances, is as good as a written contract. Better yet, advise, from the beginning, in your conversations with anyone you are contemplating hiring, that you do not do verbal contracts.

3. Be certain that you execute a properly prepared contract (take the contract to your lawyer if you are not sure) and demand proof of insurance before allowing any contractor to commence work.

4. Be aware that there is something called “rough country justice” in Floyd County. As a defendant in a lawsuit, you may be completely innocent and still end up with the short end of the stick. I imagine that this is a particular hazard for anyone who does not have a network of friends in Floyd County or is “not from around here”, as I am.

5. Know that under Virginia law, it is illegal for a contractor to perform work without a written contract. There are contractors in Floyd County that work without written contracts – avoid those contractors at all costs.

If you don’t learn from my experiences, then shame on you!