Tag Archives: bae

Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?

Posted on February 19, 2024 by Christopher G. Hill • 0 Comments

Business of Construction, Construction, Construction Law, Contracts

Remember BAE Systems and Fluor? This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content. In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work is performed did not apply because Fluor had provided work before execution of the contract or any change orders.

In the most recent opinion in this long-running litigation, and after a motion to reconsider by Fluor that was granted, the Court re-examined this finding along with the contractual language found in the Limitation of Damages (LOD) clause and came to the opposite conclusion regarding certain change orders that remained unpaid by BAE. Continue Reading

Construction Contract Terms Matter. Be Careful When You Draft Them.

Posted on March 6, 2023 by Christopher G. Hill • 0 Comments

Construction, Construction Law, Contracts

Originally posted 2022-01-28 12:15:02. In a prior post, I discussed the case of Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys in the context of the interplay between fraud, contract, and statutes of limitation. Some cases just keep on giving. This time the case illustrates the need for careful drafting of those pesky, and

Motions to Dismiss, Limitations of Liability, and More

Posted on January 17, 2023 by Christopher G. Hill • 0 Comments

Construction, Construction Law, Contracts, Mechanic's Liens

Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this ongoing litigation from March

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I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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