Legal Opinion

Cape Henry Towers, Inc. v. National Gypsum Co.

Supreme Court of Virginia

Decided June 14, 1985No. Record 820946PublishedCited by 76 opinions

1Opinion of the CourtRussell, J.

This appeal requires that we determine whether the five-year statute of limitations provided by Code § 8.01-250 protects parties who furnish ordinary construction materials which are incorporated into an improvement to real property. We conclude that it does.

In 1974 and 1975, a high-rise condominium apartment building called “Cape Henry Towers West” was erected in Virginia Beach. The developer, a partnership, conveyed its interest to Cape Henry Towers, Inc. (Cape Henry), which sold the individual units and ultimately conveyed the common areas to a Condominium Council of Co-Owners. The…

2Cases cited9 opinions

  1. Locke v. Johns-Manville Corp.Supreme Court of Virginia · 1981
  2. First Virginia Bank-Colonial v. BakerSupreme Court of Virginia · 1983
  3. Commonwealth v. DodsonSupreme Court of Virginia · 1940
  4. Martin v. CommonwealthSupreme Court of Virginia · 1982
  5. Smith v. Allen-Bradley CompanyDistrict Court, W.D. Virginia · 1974

4 more not listed; retrieve them via the Exa API.

3Cited by76 opinions

  1. School Board v. United States Gypsum Co.Supreme Court of Virginia · 1987
  2. City of Richmond v. Madison Management Group, Inc.Court of Appeals for the Fourth Circuit · 1990
  3. Forsyth Memorial Hospital, Inc. v. Armstrong World Industries, Inc.Supreme Court of North Carolina · 1994
  4. Cooper Industries, Inc. v. MelendezSupreme Court of Virginia · 2000
  5. Commonwealth v. Owens-Corning Fiberglas Corp.Supreme Court of Virginia · 1989

71 more not listed; retrieve them via the Exa API.

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