TC MIDATLANTIC DEV. v. DEPT. OF GEN. SVCS.

Record No. 091271.

695 S.E.2d 543 (2010)

TC MIDATLANTIC DEVELOPMENT, INC. v. COMMONWEALTH of Virginia, DEPARTMENT OF GENERAL SERVICES, et al.

Supreme Court of Virginia.

June 10, 2010.


Attorney(s) appearing for the Case

S. Scott Morrison (Nicole L. Kobrine; Daniel Spurlock; Everette Allen, Jr.; Andrew K. Clark; Robert Wm. Best; Katten Muchin Rosenman; LeClairRyan, on briefs), for appellant.

Richard Tyler McGrath, Assistant Attorney General (William C. Mims, Attorney General; Maureen R. Matsen, Deputy Attorney General; Randall H. Wintory, Assistant Attorney General, on brief), for appellees.

Present: KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO and LACY, S.JJ.


OPINION BY Senior Justice ELIZABETH B. LACY.

In this construction contract dispute, the dispositive issue is whether the trial court erred in sustaining a demurrer and dismissing an amended complaint on the ground that compliance with conditions precedent was not adequately pled.

BACKGROUND

In May of 2004, TC MidAtlantic Development, Inc. (TCM) entered into a Comprehensive Agreement with the Commonwealth...

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