Supreme Court of Virginia Affirms Circuit Court Decision in Construction Claim

Gentry Locke for the Defense

Montgomery County Circuit Court, then Supreme Court of Virginia

Gentry Locke defended two subcontractors, along with their performance bond surety companies, against a claim by a general contractor related to a construction project at Virginia Tech. The project was completed in the late 1990s. Virginia Tech pursued a claim for defective work against the general contractor and resolved that dispute for a $3 million settlement. The general contractor then pursued a claim for breach of contract and indemnification against several subcontractors and sureties. The Supreme Court of Virginia affirmed the trial court’s ruling that the statute of limitations had run on any claims that the general contractor had against the subcontractors and sureties, and that there was not a valid claim for indemnification.