Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc.

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 the statute of limitations was not waived, whether it had expired. For the reasons stated herein, we conclude that the circuit court did not err in finding the action time-barred.

I. FACTS…