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VAUGHN, INC. v. BECK

Record No. 003042.

554 S.E.2d 88 (2001)

262 Va. 673

VAUGHN, INC., v. Howard J. BECK, Jr., et al.

Supreme Court of Virginia.

November 2, 2001.

Attorney(s) appearing for the Case

Edward A. Natt (Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, on brief), Roanoke, for appellant.

Monica Leigh Taylor (J. Rudy Austin; Gentry Locke Rakes & Moore, on brief), Roanoke, for appellees.

Present: LACY, HASSELL, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and STEPHENSON, S.J.

KEENAN, Justice.

In this appeal, we consider the issue whether under Code § 55-70.1, a purchaser of a new home is required to notify the builder of a defect in construction within the statutory warranty period before bringing an action against the builder for breach of that warranty.

Howard J. Beck, Jr., and his wife, Lauren S. Beck (collectively, the Becks), entered into a contract with Vaughn, Inc. (Vaughn) to purchase certain real estate, including...

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