R.G. Pope Construction Co. v. Guard Rail of Roanoke, Inc.

Pope Construction and Pope Paving (Pope) (plaintiffs) contracted with Virginia to build a road, and subcontracted with Guard Rail of Roanoke, Inc. (Guard Rail) (defendant) to install guardrail at a price tied to Guard Rail's supplier's quote, locked in only until November 1973. Pope's own delays meant the site wasn't ready for guardrail work until July 1974; by then Guard Rail's material price had risen, and it asked to renegotiate, which Pope refused. Guard Rail then refused to perform, Pope hired a replacement subcontractor and sued Guard Rail for the price difference, and Guard Rail counterclaimed for its lost profits; the trial court found for Guard Rail, and Pope appealed.