Gelles & Sons General Contracting, Inc. v. Jeffrey Stack, Inc.

Gelles & Sons General Contracting, Inc. (Gelles) appeals the trial court’s final order, holding that its claim for additional monies allegedly due under its contract with Jeffrey Stack, Inc. (JSI) was barred by an accord and satisfaction pursuant to Code § 8.3A-311. Because we conclude that the trial court’s factual determination, that a reasonable person would consider that JSI provided Gelles with a “conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim,” was not clearly erroneous, we will affirm the judgment of the trial court.

Through a…