{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4335.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4335.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4335.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4335.html"}],"law_id":84415,"edition_id":1,"section_id":84415,"structure_id":12805,"section_number":"2.2-4335","catch_line":"Public construction contract provisions barring damages for unreasonable delays declared void","history":"1991, c. 701, \u00a7 11-56.2; 2001, cc. 324, 844.","full_text":"A\n\nAny provision contained in any public construction contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages for unreasonable delay in performing such contract, either on his behalf or on behalf of his subcontractor if and to the extent the delay is caused by acts or omissions of the public body, its agents or employees and due to causes within their control shall be void and unenforceable as against public policy.B\n\nSubsection A shall not be construed to render void any provision of a public construction contract that:1\n\nAllows a public body to recover that portion of delay costs caused by the acts or omissions of the contractor, or its subcontractors, agents or employees;2\n\nRequires notice of any delay by the party claiming the delay;3\n\nProvides for liquidated damages for delay; or4\n\nProvides for arbitration or any other procedure designed to settle contract disputes.C\n\nA contractor making a claim against a public body for costs or damages due to the alleged delaying of the contractor in the performance of its work under any public construction contract shall be liable to the public body and shall pay it for a percentage of all costs incurred by the public body in investigating, analyzing, negotiating, litigating and arbitrating the claim, which percentage shall be equal to the percentage of the contractor’s total delay claim that is determined through litigation or arbitration to be false or to have no basis in law or in fact.D\n\nA public body denying a contractor’s claim for costs or damages due to the alleged delaying of the contractor in the performance of work under any public construction contract shall be liable to and shall pay such contractor a percentage of all costs incurred by the contractor to investigate, analyze, negotiate, litigate and arbitrate the claim. The percentage paid by the public body shall be equal to the percentage of the contractor’s total delay claim for which the public body’s denial is determined through litigation or arbitration to have been made in bad faith.","order_by":null,"text":{"0":{"id":302581,"text":"Any provision contained in any public construction contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages for unreasonable delay in performing such contract, either on his behalf or on behalf of his subcontractor if and to the extent the delay is caused by acts or omissions of the public body, its agents or employees and due to causes within their control shall be void and unenforceable as against public policy.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":302582,"text":"Subsection A shall not be construed to render void any provision of a public construction contract that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":302583,"text":"Allows a public body to recover that portion of delay costs caused by the acts or omissions of the contractor, or its subcontractors, agents or employees;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":302584,"text":"Requires notice of any delay by the party claiming the delay;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":302585,"text":"Provides for liquidated damages for delay; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":302586,"text":"Provides for arbitration or any other procedure designed to settle contract disputes.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":302587,"text":"A contractor making a claim against a public body for costs or damages due to the alleged delaying of the contractor in the performance of its work under any public construction contract shall be liable to the public body and shall pay it for a percentage of all costs incurred by the public body in investigating, analyzing, negotiating, litigating and arbitrating the claim, which percentage shall be equal to the percentage of the contractor’s total delay claim that is determined through litigation or arbitration to be false or to have no basis in law or in fact.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":302588,"text":"A public body denying a contractor’s claim for costs or damages due to the alleged delaying of the contractor in the performance of work under any public construction contract shall be liable to and shall pay such contractor a percentage of all costs incurred by the contractor to investigate, analyze, negotiate, litigate and arbitrate the claim. The percentage paid by the public body shall be equal to the percentage of the contractor’s total delay claim for which the public body’s denial is determined through litigation or arbitration to have been made in bad faith.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12805,"edition_id":1,"name":"Contract Formation and Administration","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":12752,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":177013,"object_type":"structure","relational_id":12805,"identifier":"2","token":"2.2\/II\/B\/43\/2","url":"\/2.2\/II\/B\/43\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12752,"edition_id":1,"name":"Virginia Public Procurement Act","identifier":"43","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176989,"object_type":"structure","relational_id":12752,"identifier":"43","token":"2.2\/II\/B\/43","url":"\/2.2\/II\/B\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60713,"structure_id":12805,"section_number":"2.2-4303","catch_line":"Methods of procurement","url":"\/2.2-4303\/","token":"2.2\/II\/B\/43\/2\/2.2-4303","metadata":false},{"id":61675,"structure_id":12805,"section_number":"2.2-4303.01","catch_line":"High-risk contracts; definition; review","url":"\/2.2-4303.01\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.01","metadata":false},{"id":63722,"structure_id":12805,"section_number":"2.2-4303.1","catch_line":"Architectural and professional engineering term contracting; limitations","url":"\/2.2-4303.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.1","metadata":false},{"id":54690,"structure_id":12805,"section_number":"2.2-4303.2","catch_line":"Job order contracting; limitations","url":"\/2.2-4303.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.2","metadata":false},{"id":60269,"structure_id":12805,"section_number":"2.2-4304","catch_line":"Joint and cooperative procurement","url":"\/2.2-4304\/","token":"2.2\/II\/B\/43\/2\/2.2-4304","metadata":false},{"id":67205,"structure_id":12805,"section_number":"2.2-4305","catch_line":"Competitive procurement by localities on state-aid projects","url":"\/2.2-4305\/","token":"2.2\/II\/B\/43\/2\/2.2-4305","metadata":false},{"id":85651,"structure_id":12805,"section_number":"2.2-4306","catch_line":"Repealed","url":"\/2.2-4306\/","token":"2.2\/II\/B\/43\/2\/2.2-4306","metadata":false},{"id":80442,"structure_id":12805,"section_number":"2.2-4308.1","catch_line":"Purchase of owner-controlled insurance in construction projects","url":"\/2.2-4308.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4308.1","metadata":false},{"id":77240,"structure_id":12805,"section_number":"2.2-4308.2","catch_line":"Registration and use of federal employment eligibility verification program required; 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penalty for failure to timely complete","url":"\/2.2-4334\/","token":"2.2\/II\/B\/43\/2\/2.2-4334","metadata":false},{"id":84415,"structure_id":12805,"section_number":"2.2-4335","catch_line":"Public construction contract provisions barring damages for unreasonable delays declared void","url":"\/2.2-4335\/","token":"2.2\/II\/B\/43\/2\/2.2-4335","metadata":false},{"id":55647,"structure_id":12805,"section_number":"2.2-4336","catch_line":"Bid bonds; construction contracts","url":"\/2.2-4336\/","token":"2.2\/II\/B\/43\/2\/2.2-4336","metadata":false},{"id":79610,"structure_id":12805,"section_number":"2.2-4337","catch_line":"Performance and payment bonds","url":"\/2.2-4337\/","token":"2.2\/II\/B\/43\/2\/2.2-4337","metadata":false},{"id":86516,"structure_id":12805,"section_number":"2.2-4338","catch_line":"Alternative forms of security","url":"\/2.2-4338\/","token":"2.2\/II\/B\/43\/2\/2.2-4338","metadata":false},{"id":66839,"structure_id":12805,"section_number":"2.2-4339","catch_line":"Bonds on other than construction contracts","url":"\/2.2-4339\/","token":"2.2\/II\/B\/43\/2\/2.2-4339","metadata":false},{"id":54251,"structure_id":12805,"section_number":"2.2-4340","catch_line":"Action on performance bond","url":"\/2.2-4340\/","token":"2.2\/II\/B\/43\/2\/2.2-4340","metadata":false},{"id":65780,"structure_id":12805,"section_number":"2.2-4340.1","catch_line":"Statute of limitations on construction contracts","url":"\/2.2-4340.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4340.1","metadata":false},{"id":85767,"structure_id":12805,"section_number":"2.2-4340.2","catch_line":"Statute of limitations on architectural and engineering contracts","url":"\/2.2-4340.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4340.2","metadata":false},{"id":56940,"structure_id":12805,"section_number":"2.2-4341","catch_line":"Actions on payment bonds; waiver of right to sue","url":"\/2.2-4341\/","token":"2.2\/II\/B\/43\/2\/2.2-4341","metadata":false},{"id":71233,"structure_id":12805,"section_number":"2.2-4342","catch_line":"Public inspection of certain records","url":"\/2.2-4342\/","token":"2.2\/II\/B\/43\/2\/2.2-4342","metadata":false}],"previous_section":{"id":68826,"structure_id":12805,"section_number":"2.2-4334","catch_line":"Deposit of certain retained funds on certain contracts with local governments; penalty for failure to timely complete","url":"\/2.2-4334\/","token":"2.2\/II\/B\/43\/2\/2.2-4334","metadata":false},"next_section":{"id":55647,"structure_id":12805,"section_number":"2.2-4336","catch_line":"Bid bonds; construction contracts","url":"\/2.2-4336\/","token":"2.2\/II\/B\/43\/2\/2.2-4336","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4335\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 701 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. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2001, chapters 324<\/a> and 844<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":177215,"object_type":"law","relational_id":84415,"identifier":"2.2-4335","token":"2.2\/II\/B\/43\/2\/2.2-4335","url":"\/2.2-4335\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4335\/","token":"2.2\/II\/B\/43\/2\/2.2-4335","dublin_core":{"Title":"Public construction contract provisions barring damages for unreasonable delays declared void","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4335","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any provision contained in any public construction<\/span> contract<\/span> that purports to waive<\/span>, release, or extinguish the rights of a contractor to recover costs or damages<\/span> for unreasonable delay in performing such contract<\/span>, either on his behalf or on behalf of his subcontractor if and to the extent the delay is caused by acts or omissions of the public body<\/span>, its agents or employees and due to causes within their control shall be void and unenforceable as against public policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subsection A shall not be construed to render void any provision of a public construction<\/span> contract<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Allows a public body<\/span> to recover that portion of delay costs caused by the acts or omissions of the contractor, or its subcontractors, agents or employees; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Requires notice of any delay by the party<\/span> claiming the delay; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provides for liquidated damages<\/span> for delay; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Provides for arbitration or any other procedure designed to settle contract<\/span> disputes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A contractor making a claim against a public body<\/span> for costs or damages<\/span> due to the alleged delaying of the contractor in the performance of its work under any public construction<\/span> contract<\/span> shall be liable to the public body<\/span> and shall pay it for a percentage of all costs incurred by the public body<\/span> in investigating, analyzing, negotiating, litigating and arbitrating the claim, which percentage shall be equal to the percentage of the contractor’s total delay claim that is determined through litigation<\/span> or arbitration to be false or to have no basis in law<\/span> or in fact<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A public body<\/span> denying a contractor’s claim for costs or damages<\/span> due to the alleged delaying of the contractor in the performance of work under any public construction<\/span> contract<\/span> shall be liable to and shall pay such contractor a percentage of all costs incurred by the contractor to investigate, analyze, negotiate, litigate and arbitrate the claim. The percentage paid by the public body<\/span> shall be equal to the percentage of the contractor’s total delay claim for which the public body<\/span>’s denial is determined through litigation<\/span> or arbitration to have been made in bad faith. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPUBLIC CONSTRUCTION CONTRACT PROVISIONS BARRING DAMAGES FOR UNREASONABLE DELAYS\nDECLARED VOID (\u00a7 2.2-4335)\n\nA. Any provision contained in any public construction contract that purports to\nwaive, release, or extinguish the rights of a contractor to recover costs or\ndamages for unreasonable delay in performing such contract, either on his behalf\nor on behalf of his subcontractor if and to the extent the delay is caused by\nacts or omissions of the public body, its agents or employees and due to causes\nwithin their control shall be void and unenforceable as against public policy.\n\nB. Subsection A shall not be construed to render void any provision of a public\nconstruction contract that:\n\n 1. Allows a public body to recover that portion of delay costs caused by the\n acts or omissions of the contractor, or its subcontractors, agents or\n employees;\n\n 2. Requires notice of any delay by the party claiming the delay;\n\n 3. Provides for liquidated damages for delay; or\n\n 4. Provides for arbitration or any other procedure designed to settle contract\n disputes.\n\nC. A contractor making a claim against a public body for costs or damages due to\nthe alleged delaying of the contractor in the performance of its work under any\npublic construction contract shall be liable to the public body and shall pay it\nfor a percentage of all costs incurred by the public body in investigating,\nanalyzing, negotiating, litigating and arbitrating the claim, which percentage\nshall be equal to the percentage of the contractor’s total delay claim\nthat is determined through litigation or arbitration to be false or to have no\nbasis in law or in fact.\n\nD. A public body denying a contractor’s claim for costs or damages due to\nthe alleged delaying of the contractor in the performance of work under any\npublic construction contract shall be liable to and shall pay such contractor a\npercentage of all costs incurred by the contractor to investigate, analyze,\nnegotiate, litigate and arbitrate the claim. The percentage paid by the public\nbody shall be equal to the percentage of the contractor’s total delay\nclaim for which the public body’s denial is determined through litigation\nor arbitration to have been made in bad faith.\n\nHISTORY: 1991, c. 701, \u00a7 11-56.2; 2001, cc. 324, 844.","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}}