Commercial Construction Specialties, Inc. v. ACM Construction Management Corp.

In this appeal, we consider whether a subcontractor on a public construction project, who was not a party to payment bonds, can be bound by a provision in the bonds which required written notice of a claim within a 90-day period, notwithstanding the 180-day notice period prescribed by Code § 11-60.

Because this case was decided below on a demurrer, we will consider the allegations in the motion for judgment according to “the settled rule that a demurrer admits the truth of all well-pleaded material facts. All reasonable factual inferences fairly and justly drawn from the facts alleged must be…