Cardinal Bank v. Britt Construction, Inc.

By Judge Thomas D. Horne

Complainant, Cardinal Bank, N.A., has filed a “Motion for Expedited Declaratory Relief Regarding Enforceability of Contractual Provisions Related to an Ongoing Construction Project” in support of its Bill of Complaint for Declaratory Relief. Va. Code Ann. § 8.01-184, et seq. In the action for declaratory relief, Cardinal Bank requests that the Court find any present and future lien rights of the defendant contractor in the Construction Project subordinate to the lien of the Bank’s mortgage on “the Property”. Cardinal Bank relies upon the provisions of the “Agreement of…