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COMMERCIAL CONST. v. ACM CONST.

Record No. 901456.

405 S.E.2d 852 (1991)

COMMERCIAL CONSTRUCTION SPECIALTIES, INC. v. ACM CONSTRUCTION MANAGEMENT CORPORATION, et al.

Supreme Court of Virginia.

June 7, 1991.

Attorney(s) appearing for the Case

Marc E. Montalbine (J. Terry Parsley; Lisa C. Dewey; Little, Parsley & Cluverius, on brief), Richmond, for appellant.

Elaine R. Jordan (Douglas P. Rucker, Jr. Sands, Anderson, Marks & Miller, on brief), Richmond, for appellees.

Present: All the Justices.

HASSELL, Justice.

In this appeal, we consider whether a subcontractor on a public construction project, who was not a party to payment bonds, can be bound by a provision in the bonds which required written notice of a claim within a 90-day period, notwithstanding the 180-day notice period prescribed by Code § 11-60.

Because this case was decided below on a demurrer, we will consider the allegations in the motion...

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