Developments in Virginia construction law during the year 1999-2000 were more modest than those of 1998-1999. Still, several decisions by the Supreme Court of Virginia, the Virginia Court of Appeals, and the United States Court of Appeals for the Fourth Circuit justify the attention of those involved in the construction industry and its related legal practice. These cases address topics involving mechanic's lien waivers, the bar of sovereign immunity, recovery of direct and consequential damages, surety obligations, tortious interference with the bid process, and sanctions by the Virginia Board of Contractors. The majority of these cases demonstrate that the appellate courts are more likely to rule based upon the totality of the facts that define the contractual relationship rather than relying upon some particular and discrete phrase in the contract as the determinative factor.
James R. Harvey III,
Annual Survey of Virginia Law: Construction Law,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol34/iss3/4