Contractors making claims against Virginia public entities must follow ALL applicable requirements. Such requirements may be found in several places, so check everywhere to confirm you’ve found everything. (More on confirming the right answer.) Where to find the requirements:
- Your Contract: (a) Disputes Clause and (b) Changes Clause;
- Virginia Public Procurement Act;
- County, City, and Local Codes and Rules;
- Virginia Case Law; and/or
- Other Provisions of the Virginia Code.
For example, an often-overlooked provision of the Virginia Code requires that claims against Virginia Counties must first be presented to the “governing body of the county” (e.g., the County Board of Supervisors) before litigation or any other appeal. (Va. Code Ann. § 15.2-1248)
Contractors failing to follow this claim presentation requirement will lose quickly, early in the court process, and potentially without a second chance (if the statute of limitations has run). The Arlington Circuit Court held this claim presentation requirement is valid even though it’s not part of the Virginia Public Procurement Act. (Dynasty Construction v. County Board of Arlington, 73 Va. Cir. 428 (2007)).
Roads & Bridges
Where Does the Buck Stop?
Jon is a monthly contributor to Roads & Bridges magazine. He has been writing the law section for the magazine since January 2020. The link below will take you directly to the Roads & Bridges […]
Pay-If-Paid Unenforceable in Virginia Starting Jan. 1, 2023
As of Jan. 1, 2023, pay-if-paid clauses are unenforceable, regardless of whether a surety/payment bond claim is involved. This is only for subcontracts created on/after 1/1/23.
Also for subcontracts created on/after 1/1/23, the prime must specifically […]
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On a flood control project near Nogales, Arizona, severe flooding […]
Claim Certified with Digital Signature Deemed OK
The law is not a trend-setter. It doesn’t readily change or adapt to tech. So, a commonplace practice in business became a dispute when a claimant digitally certified a claim under the Contract Disputes Act.
Jonathan J. Straw
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