Mel Brooks in the movie History of the World: Part I (1981) said it best – “It’s good to be the King.” (See short movie clip.)
It’s also true when asserting claims against the State or an arm/agent of the State.
Whereas the State or a County may enter into contracts, their liability is limited solely to the terms of that contract. Similarly, liability of a contracting State is limited to breach of the contract and typically excludes claims or remedies outside the scope of the contract.
In a recent example, the Contractor agreed to make alterations and additions to a Public School’s facility. After delays and extra costs arose, the Contractor alleged two counts of breach of contract and one count each of unjust enrichment and quantum meruit. The Court dismissed the two latter counts by reviewing and applying the history and basis for the County’s sovereign immunity as an arm of the Commonwealth.
Contractors should style claims within the contract provisions. There is virtually no remedy against the State outside the contract. (See related post.)
Akian, Inc. and Penn. Nat’l. Mutual Casualty Ins. Co. v. Spotsylvania County Public Schools, 2018 Va. Cir. Lexis 329, CL18-2439 (Spotsylvania County Cir. Ct., Sep., 21, 2018).
Substandard is Not Defective
The government need not follow the industry standard. It can do less or more.
Hide, Seek, & Seek
Have you ever played hide and seek? If you are the seeker, do you win the game when you find the hidden person? Yes, of course! Unless, you’re a government contractor.
Contractor Schooled School
Have you ever done exactly what you were supposed to do, but it didn’t work and you were blamed anyway? Nevertheless, if contractors follow the owner’s plans and it still doesn’t work, the contractor may be without fault – this is as it should be.
Walk It Off, Keep Going
During a recent soccer game, my seven-year-old son took the ball squarely in the face. But, he walked it off and continued playing. Contractors must do the same with changes.
Are We There Yet?
Next time you close a deal, get the essential terms on paper and signed by all parties before it’s Miller Time.
Show Me the Money!
You told the guy to do the work, the work is done, and now it’s time for payment, right? But, you only told […]
Reasonable ≠ Ratio
“Circuit court litigation comes at a price, sometimes a heavy price.”
Words Matter
Remember the adage, “what you say today could bite you tomorrow.”
Recently, a Contractor won its argument before the Armed Services Board of […]
Run Through the Base, Not To the Base
Run Through the Base, Not To the Base
Thankfully, baseball season is back. While listening to a broadcast of my favorite team yesterday, […]
