Virginia law, an implied-in-fact contract is a true contract, containing all elements of an enforceable agreement. “It differs from an actual contract in that the parties have not reduced it to a writing or to an oral agreement; rather, the court infers the implied-in-fact agreement from the course of conduct of the parties.” Nossen v. Hoy, 750 F.Supp. 740, 744 (E.D.Va.1990.) Here, the agreement between the plaintiff and SE was reduced to writing, and the plaintiff has not alleged that he made a separate agreement with Servinsky that contained all the elements of an enforceable agreement. An implied contract must be adequately alleged; it will not be assumed. See, e.g., DiMarco Constructors, LLC v. Staunton Plaza, LLC, No. 5:09cv00001, 2009 WL 2058686, at *3 (W.D.Va. July 14, 2009) (<HOLDING>); TransDulles Ctr. Inc. v. USX Corp., 976 F.2d
holdingextra expense coverage for the construction of a new building when the insured previously rented the building contravened the parties intent holding that a company that constructed a building pad was not entitled to seek implied contractual indemnification from the professional engineering firm whose job it was to certify the building pad in the absence of unique factors or special relationships holding that the measure of damages for breaching a building construction contract is ordinarily such sum as is required to make the building conform to the contract holding that rental value was properly included as part of damages on action for breach of building contract where contractor failed to complete building within contracted time holding that the defendant had no expectation of privacy in the hallway of an apartment building where the building door was unlocked and the hallway was easily accessible to the public