"AUTOMATIC" SPRINKLER v. COLEY & PETERSEN

Record No. 770728.

250 S.E.2d 765 (1979)

"AUTOMATIC" SPRINKLER CORPORATION OF AMERICA v. COLEY & PETERSEN, INC., et al.

Supreme Court of Virginia.

January 12, 1979.


Attorney(s) appearing for the Case

Wilbur L. Hazlegrove, William D. Elliot, Roanoke (Hazlegrove, Dickinson & Rea, Roanoke, on briefs), for plaintiff in error.

Ronald M. Ayers, Roanoke, John D. Epperly, Martinsville (Diane McQ. Strickland, Roanoke, Junius D. Warren, Martinsville, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Broaddus, Epperly, Broaddus, Beck & Warren, Martinsville, on brief), for defendants in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


COMPTON, Justice.

This appeal arises from a contract to construct a public facility. Following an incident which resulted in damage to portions of the structure, two subcontractors sued a third subcontractor for recovery of costs and expenses incurred during repair of the damage. Upon review, we consider whether the plaintiffs below had standing to sue, whether contractual waiver provisions barred the plaintiffs' actions...

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