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Kohl's Department Stores v. Target Stores

290 F. Supp. 2d 674 (2003)

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Kohl’s Department Stores v. Target Stores

United States District Court for the Eastern District of Virginia
290 F. Supp. 2d 674 (2003)

Facts

In 1997, S.W. Rodgers Co. Inc. (Rodgers) (plaintiff), a subcontractor, was contracted to perform earth-moving services in the development of a shopping center owned by Target Stores, Inc. (Target). Rodgers purchased a synthetic fill material, Xtra Fill, from ReUse Technologies, Inc. (ReUse) (defendant), which Rodgers used in the construction project. The last delivery of Xtra Fill to Rodgers occurred in July 1997. After the project was completed, cracks began to appear in the walls and floors of the buildings in the shopping center, including the Target building and a building owned by Kohl’s Department Stores, Inc. (Kohl’s). Various interested parties sued each other, but ultimately all the parties other than ReUse asserted that the damage to the buildings had been caused by the Xtra Fill expanding. In 2002, Rodgers, which had been impleaded by multiple parties, filed an indemnification complaint against ReUse grounded in a breach-of-contract theory. ReUse moved for summary judgment, arguing that Rodgers’s indemnification claim stemming from a breach-of-contract theory was time-barred under Virginia Code § 8.2-725, which contained a four-year statute of limitations for breach-of-contract claims.

Rule of Law

Issue

Holding and Reasoning (Payne, J.)

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