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MARTIN BROS. CONTRACTORS v. MILITARY INST.

Record No. 081403.

675 S.E.2d 183 (2009)

MARTIN BROS. CONTRACTORS, INC. v. VIRGINIA MILITARY INSTITUTE.

Supreme Court of Virginia.

April 17, 2009.

Attorney(s) appearing for the Case

D. Stan Barnhill (Frank K. Friedman; Woods Rogers, on briefs), Roanoke, for appellant.

Kenneth C. Grigg, Senior Asst. Atty. Gen. (Robert F. McDonnell, Atty. Gen.; Maureen Riley Matsen, Deputy Atty. Gen.; Richard Tyler McGrath, Senior Asst. Atty. Gen., on brief), for appellee.

Associated Gen. Contractors of Virginia (Ralph L. Axselle, Jr.; W. Alexander Burnett; William Mullen, on brief), Richmond, amicus curiae in support of appellant.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL, Senior Justice.

OPINION BY Senior Justice CHARLES S. RUSSELL.

This appeal requires the Court to decide whether the terms of a public construction contract, purporting to limit a contractor's recovery of damages for construction delay caused by a public body, are rendered void by Code § 2.2-4335.

Facts and Proceedings

The facts pertinent to this appeal are undisputed and the parties agree that the case presents a pure question of law. In April 2004, Martin...

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