Virginia Employment Commission v. Century Construction Co.

By Judge Melvin R. Hughes, Jr.

This case is before the court on the defendant’s, Century Construction Co., Inc.’s (Century), Special Plea of Statute of Repose, Demurrer, Plea of Sovereign Immunity, and Plea to the Jurisdiction of the Court. The parties submitted briefs, and following argument at a hearing in November, the issues have been under advisement. The facts for purposes of decision are not in dispute.

The primary issues presented is whether the plaintiff’s cause of action for breach of contract is barred by Virginia’s statute of repose, Va. Code § 8.01-250, as amended.1 The court looks…