Orndorff Masonry, Inc. v. Fox-Seko Construction Co.

By Judge John E. Wetsel, Jr.

This case came before the Court on the demurrers of the defendant general contractor and bonding company to a suit to enforce a mechanics’ lien against a bond posted pursuant to Virginia Code § 43-71. Defendants demurred to the Bill of Complaint on the ground that the Plaintiff failed to include an itemized statement of account with its pleading as required by Virginia Code § 43-22. Upon consideration of the memoranda and argument of the parties, the Court has made the following decision to sustain the demurrers and to grant the Plaintiff’s motion to amend.

I.…