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COUNTY SCH. BD., ETC. v. M. L. WHITLOW, INC.

Record No. 791081.

286 S.E.2d 230 (1982)

COUNTY SCHOOL BOARD OF FAIRFAX COUNTY v. M. L. WHITLOW, INC., et al.

Supreme Court of Virginia.

January 22, 1982.

Attorney(s) appearing for the Case

Thomas J. Cawley, Fairfax (Robert H. J. Loftus; Grady K. Carlson, McCandlish, Lillard, Church & Best, Fairfax, on briefs), for appellant.

Robert C. Adams, Fairfax (Kennon W. Bryan, Swayze, Tydings, Bryan & Adams, Fairfax, on brief), for appellees.

Before CARRICO, C. J., COCHRAN, POFF, COMPTON, THOMPSON, and STEPHENSON, JJ., and HARRISON, Retired Justice.

STEPHENSON, Justice.

The School Board of Fairfax County (the Board) brought suit against M. L. Whitlow, Inc. (Whitlow), and its surety, Reliance Insurance Company (Reliance), alleging the roof of a school building built by Whitlow was defective. The trial court ruled that the School Board's action was barred by the five-year statute of limitation.* On appeal, the Board argues that:

1. Statutes of limitation cannot bar suits by...

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