Court grants partial summary judgment for FA+P’s commercial-roofing-contractor client.

Attorneys Phil Anderson and Andrew Gerrish recently received partial summary judgment on behalf of a commercial-roofing contractor in Roanoke City Circuit Court. In a series of two letter opinions, the last one issued on May 30, 2018, the Roanoke City Circuit Court granted partial summary judgment for FA+P’s client, capping the client’s liability to the contract amount. The client—a commercial roofing contractor—had contracted to perform certain work pursuant to a written contract. When the work was completed, the building owner brought suit seeking $144,900, plus attorney’s fees and costs. The owner pleaded warranty, indemnification, and attorney’s fees claims. Although the contract had a prevailing-party attorney’s fee provision and indemnification provision, the contract also stated “that in no event shall the liability of the Contractor exceed the contract price.” The court held that the limitation-of-liability provision capped the contractor’s potential liability to the contract price, inclusive of any claim for breach of warranty, indemnification, attorney’s fees, or costs. The court’s May 30, 2018 letter opinion was featured in Virginia Lawyers Weekly.

Phil is a founding partner of FA+P and is a general civil-litigation attorney who concentrates his practice in the areas of professional liability, general property and casualty, insurance coverage, and commercial litigation. Andy is also a civil-litigation attorney with a focus in the areas of insurance defense; insurance coverage; premises liability; legal malpractice; professional liability; community associations; and architect, engineer, and contractor liability.