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GALLOWAY CORP. v. S.B. BALLARD CONST. CO.

Record Nos. 942077, 950529.

464 S.E.2d 349 (1995)

GALLOWAY CORPORATION v. S.B. BALLARD CONSTRUCTION CO., et al. GALLOWAY CORPORATION v. CAPE HENRY MECHANICAL, INC., et al.

Supreme Court of Virginia.

November 3, 1995.

Attorney(s) appearing for the Case

Stephen G. Test, Virginia Beach (Clark & Stant, on briefs), for appellant.

James L. Windsor, Newport News (David N. Anthony; Kaufman & Canoles, on brief), for appellee S.B. Ballard Construction Co., Inc.

No brief or argument for Sprinkle Masonry, Inc. and Empire Granite Corporation.

(Peter S. Lake; Heilig, McKenry, Fraim & Lollar, Norfolk, on brief), for appellee Cape Henry Mechanical, Inc.

No brief or argument for Dover Elevator Company.

Present: All the Justices.

KOONTZ, Justice.

This appeal arises from a contract dispute between a general contractor and several of its subcontractors on a construction project following the project owner's default in making payment on its contract with the general contractor. The issue we consider is whether the terms of the subcontracts provide the general contractor an absolute "pay when paid" defense to its subcontractors' breach of contract claims...

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