Comments on: Affirmed: The Contract is King in Virginia

By: Pay When Paid Clauses in the NC Construction Contract « Construction Law in North Carolina

Thu, 29 Apr 2010 19:49:51 +0000

[...] in which “pay when paid” clauses are enforceable. In some states, such as Virginia, the contract is king and whatever the contract says will be enforced. Such clauses are also generally enforceable in a [...]

By: Christopher G. Hill

Christopher G. Hill — Tue, 16 Mar 2010 15:16:06 +0000

Thanks Heidi. I appreciate being able to play off of you guys up there in NOVA.
Christopher G. Hill´s last blog post ..Run a Job Smoothly- And Turn a Profit Doing It

By: Heidi Meinzer

Heidi Meinzer — Tue, 16 Mar 2010 15:14:42 +0000

Chris,

Thanks so much for the shout out! Sorry I didn’t leave a comment earlier. I do appreciate bouncing ideas off of you and getting your perspective. It is most interesting to see how other folks view Virginia’s way of seeing the contract as king. If you know what you’re doing, get advice before you sign the contract, and are up front with the other side about potential sticky issues, Virginia’s way of dealing with contracts can really be the way to go! Take care and enjoy the oncoming Spring!

Heidi

By: Run a Job Smoothly- And Turn a Profit Doing It | Construction Law Musings- Richmond, VA

Mon, 15 Mar 2010 13:13:46 +0000

[...] that all of the details are hammered out up front in the contract documents. In Virginia, the contract is king and (absent some clearly illegal provision) the contract will be enforced as written. Many [...]

By: Affirmed: The Contract is King in Virginia | Construction Law … Interest just to Me

Mon, 01 Mar 2010 23:05:58 +0000

[...] the original post: Affirmed: The Contract is King in Virginia | Construction Law … tags: battle, being-pulled, contract-dispute, drinking-before, dui, federal-court, [...]

By: Christopher G. Hill

Christopher G. Hill — Mon, 01 Mar 2010 22:46:39 +0000

Not in our fair Commonwealth. A lot of states have such statutes, but here in VA, they are enforceable if carefully drafted.
Christopher G. Hill´s last blog post ..Economic Loss Rule not Absolute in Construction

By: Melissa Brumback

Melissa Brumback — Mon, 01 Mar 2010 22:32:36 +0000

Interesting. In North Carolina, “pay when paid” clauses are void by statute as against public policy.

By: AngieGutenson (Angie Gutenson)

AngieGutenson (Angie Gutenson) — Mon, 01 Mar 2010 19:59:37 +0000

Twitter Comment

Must read for all #construction tweeps via @constructionlaw: The Contract is King in Virginia [link to post] (re Granby Towers)

– Posted using Chat Catcher

By: Christopher G. Hill

Christopher G. Hill — Mon, 01 Mar 2010 19:46:44 +0000

There are always judges who wish to read stuff into contracts. However, the Virginia Supreme Court seems to stick to the contract more often than not. For better or worse, many of the cases get settled so the appellate courts don’t get a crack at them. Thanks for the comment.
Christopher G. Hill´s last blog post ..Old and New Business Strategies to Weather the Construction Recession

By: Timothy R. Hughes

Timothy R. Hughes — Mon, 01 Mar 2010 19:44:04 +0000

Good points, and thanks for the reference to Heidi’s post as well.

The interesting sub-thread is that it feels like perhaps that primacy of contracts in Virginia has been just a wee bit reduced … like maybe they are prince, not king? That may be more of an anecdotal reaction at the state trial court level, still king when federal or appellate courts are considered I guess.
Timothy R. Hughes´s last blog post ..Stimulus Funds, Dripping not Pouring, in Virginia??