Legal Opinion
Culleton v. Hour Development Corp.
Stafford County Circuit Court
Decided January 9, 1995No. Case No. (Law) 94000078PublishedCited by 1 opinion
1Opinion of the Court
By Judge James W. Haley, Jr.
The issue here for resolution is whether arbitration is a condition precedent to an action at law for defective construction of a residence.
On November 12, 1991, John Culleton and Gretchen Culleton, his wife, entered into a written contract with Hour Development Company (“Hour”) for the construction of a residence on a lot owned by Hour. As here relevant, the contract contained the following terms:
3. Improvements and Options. Sales price to include... [various appliances, colors, etc.]... 2-10 Homeowner’s Warranty..
8. Plans and Specifications... Seller agrees to…
2Cases cited5 opinions
- Higgins v. McFarlandSupreme Court of Virginia · 1955
- Doyle and Russell, Inc. v. Roanoke Hospital Ass'nSupreme Court of Virginia · 1973
- McMullin v. Union Land & Management Co.Supreme Court of Virginia · 1991
- Piland Corp. v. League Const. Co., Inc.Supreme Court of Virginia · 1989
- Maynard Construction Co. v. DriverSupreme Court of Virginia · 1985
3Cited by1 opinion
- Austin v. Tricord Homes, Inc.Spotsylvania County Circuit Court · 2001