Legal Opinion
Galloway Corp. v. S.B. Ballard Construction Co.
Supreme Court of Virginia
Decided November 3, 1995No. Record 942077; Record 950529PublishedCited by 48 opinions
1Opinion of the CourtJustice Koontz
This appeal arises from a contract dispute between a general contractor and several of its subcontractors on a construction project following the project owner’s default in making payment on its contract with the general contractor. The issue we consider is whether the terms of the subcontracts provide the general contractor an absolute “pay when paid” defense to its subcontractors’ breach of contract claims based upon the owner’s failure to pay. Stated differently, the issue we consider is whether the terms of the subcontracts in question shift the risk of the owner’s default on payment for…
2Cases cited15 opinions
- Massie v. FirmstoneSupreme Court of Virginia · 1922
- Berry v. KlingerSupreme Court of Virginia · 1983
- Amos v. CoffeySupreme Court of Virginia · 1984
- The Thos. J. Dyer Company v. Bishop International Engineering Company and General Insurance Company of AmericaCourt of Appeals for the Sixth Circuit · 1962
- Worrie v. ChristineSupreme Court of Virginia · 1951
10 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Pocahontas Min. Ltd. v. Cnx Gas Co., LLCSupreme Court of Virginia · 2008
- Moore Brothers Co v. Brown & Root IncCourt of Appeals for the Fourth Circuit · 2000
- Moore Brothers Company v. Brown & Root, Incorporated, and Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P., Third Party Moore Brothers Company v. Highlands Insurance Company, and Brown & Root, Incorporated, and Toll Road Investors Partnership Ii, L.P., Third Party Moore Brothers Company v. Brown & Root, Incorporated Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P., Third Party Lane Construction Corporation v. Brown & Root, Incorporated, and Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P. State Street Bank & Trust Companyof Connecticut, Na Banque Nationale De Paris, New York Branch, Third Party Lane Construction Corporation v. Highlands Insurance Company, and Brown & Root, Incorporated, and Toll Road Investors Partnership Ii, L.P. State Street Bank & Trust Companyof Connecticut, Na Banque Nationale De Paris, New York Branch, Third Party Lane Construction Corporation v. Brown & Root, Incorporated Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P. State Street Bank & Trust Companyof Connecticut, Na Banque Nationale De Paris, New York Branch, Third PartyCourt of Appeals for the Third Circuit · 2000
- Westmoreland-Lg & E Partners v. Va. Elec.Supreme Court of Virginia · 1997
- VEPCO v. Norfolk Southern Ry. Co.Supreme Court of Virginia · 2009
43 more not listed; retrieve them via the Exa API.