Another Reminder of the Importance of Timely Notice

A recent decision from a Virginia circuit court reminds us of the importance of following notice provisions in a construction contract. Notice obligations can often be found in contract provisions addressing change orders, claims for additional time and/or money, and differing site conditions. Oftentimes the contract will spell out what form the notice must take, what must be included in the notice, when the notice must be sent, and to whom and how it should be delivered. Strict notice requirements may include a waiver of the claim or right if notice is not given as specified.

·

Best Value Criteria Are Not Permissible in Competitive Sealed Bidding Procurements

In 2000, Virginia's General Assembly amended the Public Procurement Act to introduce the concept of "best value" into certain procurements. In a "best value" procurement, price is but one of several factors to be considered in the award of a contract as established by evaluation criteria stated in the solicitation. "Best value" means the overall combination of quality, price, and various elements of required services that are optimal relative to a public body's needs. As the Supreme Court of Virginia made clear in a decision handed down in April 2012, however, "best value" has no place in competitive sealed bidding.

·