Henderson & Russell Associates, Inc. v. Warwick Shopping Center, Inc.

Building & Design, Inc., the general contractor, entered into a contract in 1973 to complete a partially constructed theater building in the City of Newport News for the owner, Warwick Shopping Center, Incorporated (Warwick), for $105,700. After payments in the aggregate amount of $72,626.83 had been made to the general contractor by Warwick, the general contractor defaulted in February, 1974, when the project was approximately 25% unfinished. Thereafter, a subcontractor, Henderson & Russell Associates, Inc. (Henderson), timely filed a memorandum of mechanic’s lien for the balance due it by…