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)).
Your Contract Can Handle COVID-19
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Contractors Can Use RFI to Notify the Government
The Board (and the government) should not elevate form over substance in evaluating the sufficiency of a contractor’s notice.
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It’s tax season again, so it’s time to pay the piper.
Contractor Wins when Government Reconsiders Accord
Ever had buyer’s remorse or second-guessed a decision? When the U.S. Army Corps of Engineers did that, a Contractor won its claim […]
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.
Acceptance and Intervening Cause Avoided Construction Warranty Claim
Like cars, computers, and appliances, construction projects include warranties too. Similarly, construction project warranties are limited to causes within the contractor’s control […]
Insurance Company Had No Duty to Defend Under Eight Corners Rule
To decide if an insurer has a duty to defend, a Virginia State or Federal Court may only look at the allegations in the complaint and the insurance policy to determine if a judgment against the insured will be covered by the policy.
Owner SOL When Mandatory Mediation Didn’t Toll Statute of Limitations
Contract interpretation strives to find the meaning of all parts together.
Government Must Review Claims in Good Faith, Not “Conjure Up” a “Baseless Retaliation”
A contracting officer’s review of certified claims submitted in good faith is not intended to be a negotiating game where the agency may deny meritorious claims to gain leverage over the contractor.
