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).
It’s Good to Be the King
Mel Brooks in the movie History of the World: Part I (1981) said it best – “It’s good to be the King.” It’s also true when asserting claims against the State or an arm or agent of the State.
Smoke Without Fire: Damage from Concrete Dust Covered by Insurance
You’ve heard, “where there’s smoke, there’s fire.” In this instance, the smoke was concrete dust that damaged a warehouse full of aircraft […]
Changes Made After Substantial Completion Did Not Extend Overall Project Time
Contractors take heed – a time extension may be issued after substantial completion for specific work and the Government can still assess […]
One-Sided Construction Arbitration Clause Valid in Virginia
When it’s time to butt heads, know how the local turf (court) will interpret the clause.
Manage the Risk of Construction Changes
Almost any problem on a construction project can be traced to one of two things: changes or delays (even delays are really just changes). As in life, embrace and manage the change don’t run from it.
Want Your Profit? Prove a Constructive Change, Not a Suspension of Work.
What’s the Difference Between a Suspension of Work and a Constructive Change? For federal contractors, there are two main differences: . . .
No Special Defenses to Arbitration Agreements
Arbitration agreements, whether they are separate or part of a larger agreement, are contracts – an enforceable set of promises between parties. […]
How to Find (and Confirm) the Plain Meaning in a Contract
Contract formation confirms the parties understand and agree to all the essential terms. When that understanding and agreement fades, how do you […]
Navigating the Requirements for Claims against Virginia Public Entities
Contractors making claims against Virginia public entities must follow ALL applicable requirements. Such requirements may be found in several places, so check […]
