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VA SB607

VA SB607
Virginia Public Procurement Act; statute of limitations on actions on construction contracts.


summary

Introduced
01/07/2020
In Committee
02/19/2020
Crossed Over
02/10/2020
Passed
03/02/2020
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 modify the statute of limitations on actions related to construction contracts and architectural and engineering contracts. Specifically, it: 1. Provides that an action against a surety on a performance bond must be brought within 5 years after completion of the contract, with the contract completion defined as the final payment to the contractor. However, if a final certificate of occupancy or written acceptance is issued prior to final payment, the 5-year period begins within 12 months of the certificate or acceptance. 2. Establishes a 15-year statute of limitations for actions by a state public body on construction contracts and architectural/engineering services contracts, with the contract completion defined similarly as above. The bill also limits actions to no more than 5 years after written notice to the contractor of a defect or breach. 3. Allows written promises to waive or not plead the statute of limitations in subcontracts related to construction, design-build, architecture, or engineering contracts with public bodies, but only for actions asserted by the public body. The bill aims to provide clarity and consistency around the time periods for bringing actions related to public construction projects in Virginia.

Committee Categories

Justice

Sponsors (3)

Last Action

Governor: Acts of Assembly Chapter text (CHAP0497) (on 03/27/2020)

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