Faulconer Construction Co. v. Branch & Associates, Inc.

By Judge Michael S. Irvine

In this construction case, the court is called upon to decide whether the subcontractor’s, Faulconer’s, claims are barred because it allegedly failed to comply with notice provisions required in the parties’ contract. The general contractor, Branch, filed a plea in bar, and the parties have submitted written memoranda in support of their respective positions. An evidentiary hearing on the issue was held on April 26, 2012. At that time, the court took the case under advisement. This opinion addresses the issues raised in the plea in bar.

Branch contends that Faulconer…