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VA SB195
VA SB195Virginia Public Procurement Act; statute of limitations on actions on construction contracts.
summary
Introduced
12/29/2019
12/29/2019
In Committee
12/29/2019
12/29/2019
Crossed Over
Passed
Dead
03/12/2020
03/12/2020
Introduced Session
2020 Regular Session
Bill Summary
Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds. Provides that no action may be brought by a public body on any construction contract, including construction management and design-build contracts, unless such action is brought within five years after completion of the work on the project, and provides that no action may be brought by a public body on a warranty or guaranty in such construction contract more than one year from the breach of that warranty, but in no event more than one year after the expiration of such warranty or guaranty. The bill also limits the time frame during which a public body, other than the Department of Transportation, may bring an action against a surety on a performance bond to within one year after completion of the work on the project. Current law allows a public body, other than the Department of Transportation, to bring such an action within one year after (i) completion of the contract, including the expiration of all warranties and guaranties, or (ii) discovery of the defect or breach of warranty that gave rise to the action. The bill contains technical amendments.
AI Summary
This bill amends the Virginia Public Procurement Act to establish a statute of limitations for actions on construction contracts and performance bonds. Specifically, it provides that:
1) No action may be brought by a public body on a construction contract, including construction management and design-build contracts, unless the action is brought within five years after completion of the work on the project, or within one year after the expiration of any warranty or guaranty in the contract. For latent defects, the action must be brought within five years of discovery but no more than 10 years after completion.
2) No action may be brought by a public body against a surety on a performance bond unless it is brought within one year after completion of the work on the project, rather than the current timeframe of one year after completion of the contract or discovery of the defect.
The bill also makes technical amendments and clarifies the application of certain procurement provisions to counties, cities, and school divisions in the Commonwealth.
Committee Categories
Justice
Sponsors (1)
Last Action
Incorporated by Judiciary (on 02/05/2020)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB195 |
| BillText | http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB195+hil |
| Bill | http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB195+hil+pdf |
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