Wal-Mart Stores, Inc. v. JA FIELDEN CO., INC.

MEMORANDUM OPINION

CONRAD, District Judge.

This matter is before the court on the defendants’ motions to dismiss. The parties presented their arguments at a hearing conducted on Thursday, June 29, 2006.

Factual and Procedural Background

Wal-Mart contracted with defendants J.A. Fielden Co. (“Fielden”), Froehling & Robertson (“F & R”), and Mattern & Craig (“M & C”) for the construction of a commercial property and parking lot on a site in Bonsack, Virginia. Wal-Mart’s contract with Fielden was for construction services. The contract between Wal-Mart and F & R was for construction testing. The…