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CAPE HENRY TOWERS v. NATIONAL GYPSUM CO.

Record No. 820946.

331 S.E.2d 476 (1985)

CAPE HENRY TOWERS, INC. v. NATIONAL GYPSUM COMPANY, et al.

Supreme Court of Virginia.

June 14, 1985.

Attorney(s) appearing for the Case

Joseph L. Lyle, Jr., Virginia Beach (Pickett, Lyle, Siegel, Drescher & Croshaw, Virginia Beach, on briefs), for appellant.

John F. Newhard, Jr., Norfolk (James A. Howard, James A. Howard, II; Breeden, Howard & MacMillan, Norfolk, on briefs), for appellee, National Gypsum Co.

Alan B. Rashkind, Norfolk (Richard A. Saunders; Furniss, Davis & Rashkind, Norfolk, on brief), for appellee, Textured Coatings of America, Inc.

No briefs or arguments for appellees, The Loxcreen Co., Inc. or Loxcreen Architectural Products Corp.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

RUSSELL, Justice.

This appeal requires that we determine whether the five-year statute of limitations provided by Code § 8.01-250 protects parties who furnish ordinary construction materials which are incorporated into an improvement to real property. We conclude that it does.

In 1974 and 1975, a high-rise condominium apartment building called "Cape Henry Towers West" was erected in Virginia Beach. The developer...

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