Tag Archives: Statute of Limitations

Virginia Supreme Court Holds That Subcontractors Did Not Waive Statute of Limitations, With The Result That The General Contractor Was Liable To Owner For Defective Work But With No Recourse Against Subcontractors Who Performed The Work

Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., et. al., No. 151780, 2016 Va. LEXIS 166 (Va. Nov. 3, 2016) The dispute arose from the construction of a student health and fitness center at Virginia Tech. The prime contractor, … Continue reading

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U.S. District Court in Maryland Holds One-Year Statute of Limitations Under Miller Act Did Not Commence Until After Required Testing Performed by Subcontractor

United States of America ex rel D&M General Contracting, Inc v. Arch Ins. Co. 2013 U.S. Dist. LEXIS 111260 (D. Md. Aug. 5, 2013) This action arose out of subcontractor’s claim for increased costs allegedly incurred as a result of … Continue reading

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U.S. Court of Appeals for the Fifth Circuit Holds Performance Bond Claim Time Barred – Estoppel Excuse Not Available to City

Hartford Fire Insurance Co. v. City of Mont Belvieu 2010 U.S. App. Lexis 14277 (5th Cir. July 13, 2010) The Court of Appeals for the Fifth Circuit recently held that a Texas City’s bond claim was time barred under the … Continue reading

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Pennsylvania Common Pleas Court Upholds Payment Bond Contractual Limitation Period

James J. Gory Mechanical Contracting Inc. v. Travelers Casualty & Surety Co. 2010 Phila. Ct. Com. Pl. Lexis 20 (Phila. CCP Feb. 8, 2010) In February 2005, Surety issued payment bond of over $45 million on behalf of the general … Continue reading

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United States District Court in Virginia Holds That Prime Contract Provision Concerning Accrual of Statute of Limitations “Flowed Down” to Afford Subcontractor Defense to Defective Work Claim

Steadfast Insurance Co v. Brodie Contractors, Inc. 2008 U.S. Dist. LEXIS 88448 (October 31, 2008 W.D. Va.) Steadfast Insurance Co., as subrogee of Skanska USA Building Co., the general contractor, alleged claims for breach of contract and breach of warranty … Continue reading

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