Carnell Construction: Major Virginia Procurement Decision Issued by U.S. Fourth Circuit Affecting Claim Recovery Under VPPA

Last week the United States Court of Appeals for the Fourth Circuit issued a decision in the Case of Carnell Construction Corp. v. Danville Redevelopment & Housing Authority with significant implication regarding Virginia Public Procurement Act (VPPA) claims. The case has a detailed history and has been sent back to the lower court for the fourth time. While it has an important holding regarding contractor discrimination claims that adopts the ability of entities, and not just individuals, to make discrimination based claims, in many ways the holdings affecting the contractor's VPPA claims are likely to have more significant implications for all contractors performing Virginia public body work. Below is a Legal Developments summary regarding the latest Carnell decision prepared by the Vandeventer Black Construction and Public Contracts Team: