Legal Opinion
County School Board v. M. L. Whitlow, Inc.
Supreme Court of Virginia
Decided January 22, 1982No. Record 791081PublishedCited by 5 opinions
1Opinion of the CourtStephenson, J.
The School Board of Fairfax County (the Board) brought suit against M. L. Whitlow, Inc. (Whitlow), and its surety, Reliance Insurance Company (Reliance), alleging the roof of a school building built by Whitlow was defective. The trial court ruled that the School Board’s action was barred by the five-year statute of limitation. * On appeal, the Board argues that:
1. Statutes of limitation cannot bar suits by a school board.
2. In any event, since the contract was under seal, a ten-year limitation applies.
On September 18, 1970, the Board and Whitlow entered into a contract for construction at the…
2Cases cited3 opinions
- City of Richmond v. Chesapeake & Potomac Telephone Co.Supreme Court of Virginia · 1965
- Grubbs v. National Life Maturity InsuranceSupreme Court of Virginia · 1897
- Bradley Salt Co. v. Norfolk Importing & Exporting Co.Supreme Court of Virginia · 1897
3Cited by5 opinions
- Republic Contracting Corp. v. South Carolina Department of HighwaysCourt of Appeals of South Carolina · 1998
- County School Board v. A. A. Beiro Construction Co.Supreme Court of Virginia · 1982
- McCue & McCue Ltd. Partnership v. Hamel Health Ventures, Inc.Fairfax County Circuit Court · 1989
- Burns v. Board of Sup'rs of Stafford CountySupreme Court of Virginia · 1984
- Burns v. Board of Sup'rs of Stafford CountySupreme Court of Virginia · 1984