Annual Survey of Virginia Law: Construction Law

In 1998 and 1999, the Supreme Court of Virginia decided numerous cases that impact the practice of construction litigation in the Commonwealth. This flurry of activity by the high court reflects its apparent attempt to clarify an approach to the interpretation of contracts that fall outside the scope of the Uniform Commercial Code. By addressing an increasing number of cases in this area of the law, the court has been able to adapt many of its longstanding precedents to the problems found in today's construction contracting environment. This Survey article evaluates recent construction cases concerning the use of applicable federal law in contracts governed by Virginia law, the appropriate measure of delay damages, the grounds for finding a contract or modification between parties, the enforcement ofliquidated damages provisions, the proper enforcement of the statute of limitations or statute of repose, and the application of statutory remedies.