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HENSEL PHELPS CONST. v. THOMPSON MASONRY

Record No. 151780.

791 S.E.2d 734 (2016)

HENSEL PHELPS CONSTRUCTION COMPANY v. THOMPSON MASONRY CONTRACTOR, INC., et al.

Supreme Court of Virginia.

November 3, 2016.

Attorney(s) appearing for the Case

Stephanie Rochel ( Kathleen Olden Barnes ; Watt, Tieder, Hoffar & Fitzgerald, on briefs), McLean, for appellant.

Stephen A. Horvath (Bancroft, McGavin, Horvath & Judkins, on brief), Fairfax, for appellee United States Fidelity and Guaranty Company.

Stephen A. Horvath ( Nicholas J. Lawrence ; Bancroft, McGavin, Horvath & Judkins, on brief), Fairfax, for appellee Espina Stone Company.

K. Brett Marston ( David P. Corrigan ; Lester C. Brock, III , Glen Allen ; Abigail E. Murchison ; Harmon, Claytor, Corrigan & Wellman; Gentry Locke, on brief), for appellee I.N. McNeil Roofing & Sheet Metal Co.

K. Brett Marston ( Monica Taylor Monday ; Abigail E. Murchison ; Gentry Locke, on brief), for appellee Fidelity and Deposit Company of Maryland.

K. Brett Marston ( Mark K. Cathey , Roanoke; Abigail E. Murchison ; Glenn, Robinson & Cathey; Gentry Locke, on brief), for appellee Thompson Masonry Contractor, Inc.

John D. Eure ; ( William P. Wallace ; Christopher S. Dadak ; Johnson, Ayers & Matthews, on brief), Roanoke, for appellee Snyder Waterproofing d/b/a Snyder & Associates.

PRESENT: Lemons, C.J., Goodwyn, Powell, Kelsey, and McCullough, JJ., and Russell and Millette, S.JJ.

OPINION BY SENIOR JUSTICE LEROY F. MILLETTE, JR.

This appeal concerns whether an action by a government contractor against its subcontractors and sureties was timely filed. We address whether the subcontracts waived the applicable statute of limitations through reference to the prime contract between the general contractor and a Commonwealth agency that was not subject to the statute of limitations, or, if...

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