Virginia Supreme Court Permits Supplier’s Unjust Enrichment Claim Against Contractor, Despite Lack of Contractual Privity

In Davis Construction Corp. v. FTJ., Inc., the Virginia Supreme Court ruled that a supplier could sue a contractor for unjust enrichment despite lack of contractual privity, i.e. direct contractual relations. Facts and Procedural Background A general contractor (“Contractor”) contracted… Read more

June 29, 2020 | Construction

“Zone of Reasonableness” Test Prerequisite Addressed by the Federal Circuit

By Neil S. Lowenstein

The so-called “zone of reasonableness” standard has been long applied by federal courts and boards of contract appeals in evaluating contract interpretation when the contract is deemed ambiguous — meaning that it is susceptible to more than one reasonable interpretation.… Read more

Construction Administration and Site Visits in a Brave New World

By George M. Nicholos

Construction Administration and Construction Site Visits are difficult things of themselves and with inherent risks imposed by COVID-19 demand additional care and prior planning, particularly for such things as site observations and payment application confirmation that require in-person observation and… Read more

June 4, 2020 | Construction | COVID-19 Task Force

Payments Due Subcontractors and Suppliers in Virginia

By James R. Harvey, Patrick A. Genzler

Virginia’s law on the payment of subcontractors and suppliers just got some muscles. For years, Virginia had a statute that made it a crime for any contractor or subcontractor “with the intent to defraud” to retain or use funds for… Read more

May 22, 2020 | Construction

Construction and Virginia’s New Wage Laws

By James R. Harvey, Patrick A. Genzler

Of the record number of new laws in Virginia, a trio of wage laws will arguably have the biggest impact on contractors changing the way the construction companies operate in Virginia. Virginia statutes on non-payment of wages, worker misclassification and… Read more

May 22, 2020 | Construction

Virginia’s Mechanic’s Lien Plus Statute: Making those in higher tiers personally liable separate from and regardless of mechanic’s lien rights

By Neil S. Lowenstein

Within Virginia’s mechanic’s lien article is a little known, and little used, mechanism providing for personal liability of higher tiers separate from that article’s mechanic’s lien rights. The title is “How owner or general contractor made personally liable to subcontractor,… Read more

May 18, 2020 | Construction | Government Contracts

Bid Acceptance Period Extension And Revival

When publishing a solicitation, the Government Contracting Officer (“CO”) may set a minimum acceptance period, during which offerors must agree to hold open their bid pricing following the submission of their proposals. Federal Acquisition Regulations (“FAR”) 14.201-6(i), 14.201-6(j), 52.214-15, and… Read more

May 8, 2020 | Construction | Government Contracts

Construction and Government Contractors are Critical Infrastructure — Government Guidance to Contractors

By Anthony J. Mazzeo

As we all continue to deal with the rapidly evolving Coronavirus/COVID-19 situation, government contractors should be aware of policy guidance issued by government and DoD leadership that may impact them. On 19 March 2020, the Department of Homeland Security’s Cybersecurity… Read more

March 24, 2020 | Construction | COVID-19 Task Force | Government Contracts

Construction Project Team Considerations Regarding COVID-19

By Neil S. Lowenstein

Construction project impacts from the COVID-19 pandemic are far-reaching and continuing to evolve. While every project must be considered individually, below are some issues for construction project team consideration. -Performance impact issues vary depending on the nature of the… Read more

March 19, 2020 | Construction | COVID-19 Task Force

Virginia DPOR Offices Closing But Taking Administrative Actions to Minimize COVID-Related Impacts.

By Neil S. Lowenstein

As COVID-19 continues to impact businesses, it is also impacting licensing, certification, and other credential requirements for contractors. Effective March 18, 2020, DPOR has announced that its offices at the Perimeter Center will be closed to the public, but that… Read more

March 18, 2020 | Construction | COVID-19 Task Force

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