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Carnell Construction Corporation v. Danville Redevelopment & Housing Authority

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION


January 27, 2011

CARNELL CONSTRUCTION CORPORATION PLAINTIFF/COUNTERCLAIM DEFENDANT,
v.
DANVILLE REDEVELOPMENT & HOUSING AUTHORITY DEFENDANT/COUNTERCLAIM PLAINTIFF
v.
BLAINE SQUARE, LLC DEFENDANT/COUNTERCLAIM PLAINTIFF
v.
INTERNATIONAL FIDELITY INSURANCE COMPANY, COUNTERCLAIM DEFENDANT.

The opinion of the court was delivered by: Jackson L. Kiser Senior United States District Judge

AMENDED ORDER

By: Jackson L. Kiser Senior United States District Judge

Before me is Defendant/Counterclaim Plaintiff Danville Redevelopment & Housing Authority's and Defendant/Counterclaim Plaintiff Blaine Square, LLC's Motions for Summary Judgment against Carnell Construction Corporation. The parties filed supporting and opposing briefs to the motions and I heard oral argument on January 4, 2011. The matter is now ripe for decision.

For the reasons stated in the accompanying Amended Memorandum Opinion filed contemporaneously herewith, I will partially GRANT Defendants' Motions for Summary Judgment. Because I find that Va. Code § 2.2-4309(A) applies to this case, Plaintiff's recovery under the Contract is, as a matter of law, limited in accordance with that section. I also find that the Contract precludes Plaintiff's quantum meruit claim. In all other aspects,

Defendant/Counterclaim Plaintiffs' Motions for Summary Judgment are DENIED.

The Clerk is directed to send a copy of this Amended Order and the accompanying Amended Memorandum Opinion to all counsel of record.

20110127

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