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VA HB1300

VA HB1300
Virginia Public Procurement Act; statute of limitations on actions on construction contracts.


summary

Introduced
01/08/2020
In Committee
02/24/2020
Crossed Over
02/10/2020
Passed
03/03/2020
Dead
Signed/Enacted/Adopted
03/27/2020

Introduced Session

2020 Regular Session

Bill Summary

Virginia Public Procurement Act; statute of limitations on performance bonds; statute of limitations on construction contracts and architectural and engineering contracts. Provides that an action against the surety on a performance bond shall be brought within five years after the completion of the contract. The bill further provides that the statute of limitations on construction contracts and architectural and engineering contracts is 15 years after completion of the contract. The bill specifies that completion of the contract is the final payment to the contractor pursuant to the terms of the contract, but that if a final certificate of occupancy or written final acceptance of the project is issued prior to final payment, the period to bring an action shall commence no later than 12 months from the date of the certificate of occupancy or written final acceptance of the project.

AI Summary

This bill amends the Virginia Public Procurement Act to provide a statute of limitations for actions on construction contracts, architectural and engineering services contracts, and performance bonds. Specifically, it establishes: 1. A 5-year statute of limitations for actions against a surety on a performance bond, starting from the completion of the contract or, if a certificate of occupancy or written final acceptance is issued prior to final payment, within 12 months of the certificate/acceptance. 2. A 15-year statute of limitations for actions by a state public body on construction contracts or architectural and engineering services contracts, starting from the completion of the contract or, if a certificate of occupancy or written final acceptance is issued prior to final payment, within 12 months of the certificate/acceptance. However, such actions must be brought within 5 years of the state public body providing written notice to the contractor of a defect or breach. The bill also specifies that the provisions related to waiving or not pleading the statute of limitations do not apply to subcontracts related to construction, construction management, design-build, architecture, or engineering contracts with public bodies.

Committee Categories

Budget and Finance, Justice

Sponsors (3)

Last Action

Governor: Acts of Assembly Chapter text (CHAP0496) (on 03/27/2020)

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