{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/11-9.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/11-9.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/11-9.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/11-9.8.html"}],"law_id":61148,"edition_id":1,"section_id":61148,"structure_id":14846,"section_number":"11-9.8","catch_line":"Construction of certain terms of offer to contract; use of experience modification factor prohibited","history":"2016, c. 754.","full_text":"A\n\nAs used in this section:\n\t\t\t“Contract” means an agreement for the provision of construction services under which the contractor will be required to have and maintain a policy of insurance as defined in § 38.2-119.\n\t\t\t“Experience modification factor” means a value assigned to an employer as determined by a rate service organization in accordance with its uniform experience rating plan required to be filed pursuant to subsection D of § 38.2-1913.\n\t\t\t“Offer to contract” means a solicitation of bids, Request for Proposals, or similar invitation to enter into a contract that is extended to potential contractors for construction services.\n\t\t\t“Person” means any individual; firm; cooperative; association; corporation; limited liability company; trust; business trust; syndicate; partnership; limited liability partnership; joint venture; receiver; trustee in bankruptcy; club, society, or other group or combination acting as a unit; or public body, including but not limited to (i) the Commonwealth; (ii) any other state; and (iii) any agency, department, institution, political subdivision, or instrumentality of the Commonwealth or any other state.B\n\nA term of an offer to contract issued that requires that the successful bidder have a specified experience modification factor is prohibited.C\n\nAny contract or offer to contract that requires the contractor or bidder responding to the offer to contract to have a specified experience modification factor is prohibited.","order_by":null,"text":{"0":{"id":223516,"text":"As used in this section:\n\t\t\t“Contract” means an agreement for the provision of construction services under which the contractor will be required to have and maintain a policy of insurance as defined in § 38.2-119.\n\t\t\t“Experience modification factor” means a value assigned to an employer as determined by a rate service organization in accordance with its uniform experience rating plan required to be filed pursuant to subsection D of § 38.2-1913.\n\t\t\t“Offer to contract” means a solicitation of bids, Request for Proposals, or similar invitation to enter into a contract that is extended to potential contractors for construction services.\n\t\t\t“Person” means any individual; firm; cooperative; association; corporation; limited liability company; trust; business trust; syndicate; partnership; limited liability partnership; joint venture; receiver; trustee in bankruptcy; club, society, or other group or combination acting as a unit; or public body, including but not limited to (i) the Commonwealth; (ii) any other state; and (iii) any agency, department, institution, political subdivision, or instrumentality of the Commonwealth or any other state.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223517,"text":"A term of an offer to contract issued that requires that the successful bidder have a specified experience modification factor is prohibited.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":223518,"text":"Any contract or offer to contract that requires the contractor or bidder responding to the offer to contract to have a specified experience modification factor is prohibited.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14846,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13773,"metadata":{},"date_created":"2026-06-26 03:50:21","date_modified":"2026-06-26 03:50:21","permalink":{"id":147111,"object_type":"structure","relational_id":14846,"identifier":"1","token":"11\/1","url":"\/11\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13773,"edition_id":1,"name":"Contracts","identifier":"11","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:51","date_modified":"2026-06-26 03:45:51","permalink":{"id":147109,"object_type":"structure","relational_id":13773,"identifier":"11","token":"11","url":"\/11\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69745,"structure_id":14846,"section_number":"11-1","catch_line":"Certain contracts void as to creditors and purchasers unless in writing; law governing validity of contracts creating security interests","url":"\/11-1\/","token":"11\/1\/11-1","metadata":false},{"id":70794,"structure_id":14846,"section_number":"11-2","catch_line":"When written evidence required to maintain action","url":"\/11-2\/","token":"11\/1\/11-2","metadata":false},{"id":85090,"structure_id":14846,"section_number":"11-2.01","catch_line":"Promise after bankruptcy must be in writing","url":"\/11-2.01\/","token":"11\/1\/11-2.01","metadata":false},{"id":86848,"structure_id":14846,"section_number":"11-2.1","catch_line":"Goods sent by mail","url":"\/11-2.1\/","token":"11\/1\/11-2.1","metadata":false},{"id":59493,"structure_id":14846,"section_number":"11-2.2","catch_line":"Unsolicited goods deemed gift to recipient","url":"\/11-2.2\/","token":"11\/1\/11-2.2","metadata":false},{"id":80629,"structure_id":14846,"section_number":"11-2.3","catch_line":"Repealed","url":"\/11-2.3\/","token":"11\/1\/11-2.3","metadata":false},{"id":83058,"structure_id":14846,"section_number":"11-2.4","catch_line":"Notice of possible filing of mechanics' lien required","url":"\/11-2.4\/","token":"11\/1\/11-2.4","metadata":false},{"id":62820,"structure_id":14846,"section_number":"11-3","catch_line":"Sealed writings; writings not purporting to be sealed","url":"\/11-3\/","token":"11\/1\/11-3","metadata":false},{"id":56755,"structure_id":14846,"section_number":"11-4","catch_line":"Sizes of type in printed contracts","url":"\/11-4\/","token":"11\/1\/11-4","metadata":false},{"id":66161,"structure_id":14846,"section_number":"11-4.1","catch_line":"Certain indemnification provisions in construction contracts declared void","url":"\/11-4.1\/","token":"11\/1\/11-4.1","metadata":false},{"id":71739,"structure_id":14846,"section_number":"11-4.1:1","catch_line":"Waiver of payment bond claims and contract claims; construction contracts","url":"\/11-4.1_1\/","token":"11\/1\/11-4.1_1","metadata":false},{"id":66462,"structure_id":14846,"section_number":"11-4.2","catch_line":"Repealed","url":"\/11-4.2\/","token":"11\/1\/11-4.2","metadata":false},{"id":65407,"structure_id":14846,"section_number":"11-4.3","catch_line":"When acceleration of payment or repossession of consumer goods not allowed","url":"\/11-4.3\/","token":"11\/1\/11-4.3","metadata":false},{"id":77848,"structure_id":14846,"section_number":"11-4.4","catch_line":"Certain indemnification and duty to defend provisions in contracts with design professionals declared void","url":"\/11-4.4\/","token":"11\/1\/11-4.4","metadata":false},{"id":58817,"structure_id":14846,"section_number":"11-4.5","catch_line":"Certain indemnification provisions in motor carrier transportation contracts declared void","url":"\/11-4.5\/","token":"11\/1\/11-4.5","metadata":false},{"id":87261,"structure_id":14846,"section_number":"11-4.6","catch_line":"Required contract provisions in construction contracts","url":"\/11-4.6\/","token":"11\/1\/11-4.6","metadata":false},{"id":63570,"structure_id":14846,"section_number":"11-5","catch_line":"Repealed","url":"\/11-5\/","token":"11\/1\/11-5","metadata":false},{"id":63830,"structure_id":14846,"section_number":"11-7.1","catch_line":"Certain entities' authority to extend performance agreements","url":"\/11-7.1\/","token":"11\/1\/11-7.1","metadata":false},{"id":70205,"structure_id":14846,"section_number":"11-8","catch_line":"Instruments executed by minors or surviving spouses to obtain benefits under certain federal legislation","url":"\/11-8\/","token":"11\/1\/11-8","metadata":false},{"id":85376,"structure_id":14846,"section_number":"11-9","catch_line":"Writing payable to deceased person","url":"\/11-9\/","token":"11\/1\/11-9","metadata":false},{"id":61688,"structure_id":14846,"section_number":"11-9.1","catch_line":"Repealed","url":"\/11-9.1\/","token":"11\/1\/11-9.1","metadata":false},{"id":61148,"structure_id":14846,"section_number":"11-9.8","catch_line":"Construction of certain terms of offer to contract; 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This law was first created in 2016. The record of its establishment is cataloged in chapter 754<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":80898,"section_number":"38.2-119","catch_line":"Workers' compensation and employers' liability","order_by":null,"url":"\/38.2-119\/"},{"id":73514,"section_number":"38.2-1913","catch_line":"Operation and control of rate service organizations","order_by":null,"url":"\/38.2-1913\/"}],"permalink":{"id":147197,"object_type":"law","relational_id":61148,"identifier":"11-9.8","token":"11\/1\/11-9.8","url":"\/11-9.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/11-9.8\/","token":"11\/1\/11-9.8","dublin_core":{"Title":"Construction of certain terms of offer to contract; use of experience modification factor prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 11-9.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Contract” means an agreement for the provision of construction services under which the contractor will be required to have and maintain a policy of insurance as defined in § 38.2-119<\/a>.\n\t\t\t“Experience modification factor<\/span>” means a value assigned to an employer as determined by a rate service organization in accordance with its uniform experience rating plan required to be filed pursuant to subsection D of § 38.2-1913<\/a>.\n\t\t\t“Offer to contract<\/span>” means a solicitation of bids, Request for Proposals, or similar invitation to enter into a contract that is extended to potential contractors for construction services.\n\t\t\t“Person<\/span>” means any individual; firm; cooperative; association; corporation; limited liability company; trust; business trust; syndicate; partnership; limited liability partnership; joint venture; receiver; trustee in bankruptcy<\/span>; club, society, or other group or combination acting as a unit; or public body, including but not limited to (i) the Commonwealth; (ii) any other state; and (iii) any agency, department, institution, political subdivision, or instrumentality of the Commonwealth or any other state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A term of an offer to contract<\/span> issued that requires that the successful bidder have a specified experience modification factor<\/span> is prohibited. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any contract or offer to contract<\/span> that requires the contractor or bidder responding to the offer to contract<\/span> to have a specified experience modification factor<\/span> is prohibited. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONSTRUCTION OF CERTAIN TERMS OF OFFER TO CONTRACT; USE OF EXPERIENCE\nMODIFICATION FACTOR PROHIBITED (\u00a7 11-9.8)\n\nA. As used in this section:\n\t\t\t“Contract” means an agreement for the provision of construction\nservices under which the contractor will be required to have and maintain a\npolicy of insurance as defined in § 38.2-119.\n\t\t\t“Experience modification factor” means a value assigned to an\nemployer as determined by a rate service organization in accordance with its\nuniform experience rating plan required to be filed pursuant to subsection D of\n§ 38.2-1913.\n\t\t\t“Offer to contract” means a solicitation of bids, Request for\nProposals, or similar invitation to enter into a contract that is extended to\npotential contractors for construction services.\n\t\t\t“Person” means any individual; firm; cooperative; association;\ncorporation; limited liability company; trust; business trust; syndicate;\npartnership; limited liability partnership; joint venture; receiver; trustee in\nbankruptcy; club, society, or other group or combination acting as a unit; or\npublic body, including but not limited to (i) the Commonwealth; (ii) any other\nstate; and (iii) any agency, department, institution, political subdivision, or\ninstrumentality of the Commonwealth or any other state.\n\nB. A term of an offer to contract issued that requires that the successful\nbidder have a specified experience modification factor is prohibited.\n\nC. Any contract or offer to contract that requires the contractor or bidder\nresponding to the offer to contract to have a specified experience modification\nfactor is prohibited.\n\nHISTORY: 2016, c. 754.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}