{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4341.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4341.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4341.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4341.html"}],"law_id":56940,"edition_id":1,"section_id":56940,"structure_id":12805,"section_number":"2.2-4341","catch_line":"Actions on payment bonds; waiver of right to sue","history":"1982, c. 647, \u00a7 11-60; 2001, cc. 412, 844; 2003, c. 255; 2011, c. 544.","full_text":"A\n\nAny claimant who has a direct contractual relationship with the contractor and who has performed labor or furnished material in accordance with the contract documents in furtherance of the work provided in any contract for which a payment bond has been given, and who has not been paid in full before the expiration of 90 days after the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, may bring an action on the payment bond to recover any amount due him for the labor or material. The obligee named in the bond need not be named a party to the action.B\n\nAny claimant who has a direct contractual relationship with any subcontractor but who has no contractual relationship, express or implied, with the contractor, may bring an action on the contractor’s payment bond only if he has given written notice to the contractor within 90 days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Notice to the contractor shall be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainages with respect to labor performed or materials furnished, shall not be subject to the time limitations stated in this subsection.C\n\nAny action on a payment bond shall be brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials.D\n\nAny waiver of the right to sue on the payment bond required by this section shall be void unless it is in writing, signed by the person whose right is waived, and executed after such person has performed labor or furnished material in accordance with the contract documents.","order_by":null,"text":{"0":{"id":208548,"text":"Any claimant who has a direct contractual relationship with the contractor and who has performed labor or furnished material in accordance with the contract documents in furtherance of the work provided in any contract for which a payment bond has been given, and who has not been paid in full before the expiration of 90 days after the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, may bring an action on the payment bond to recover any amount due him for the labor or material. The obligee named in the bond need not be named a party to the action.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208549,"text":"Any claimant who has a direct contractual relationship with any subcontractor but who has no contractual relationship, express or implied, with the contractor, may bring an action on the contractor’s payment bond only if he has given written notice to the contractor within 90 days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Notice to the contractor shall be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainages with respect to labor performed or materials furnished, shall not be subject to the time limitations stated in this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":208550,"text":"Any action on a payment bond shall be brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":208551,"text":"Any waiver of the right to sue on the payment bond required by this section shall be void unless it is in writing, signed by the person whose right is waived, and executed after such person has performed labor or furnished material in accordance with the contract documents.","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; debarment","url":"\/2.2-4308.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4308.2","metadata":false},{"id":76051,"structure_id":12805,"section_number":"2.2-4309","catch_line":"Modification of the contract","url":"\/2.2-4309\/","token":"2.2\/II\/B\/43\/2\/2.2-4309","metadata":false},{"id":59798,"structure_id":12805,"section_number":"2.2-4310","catch_line":"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations","url":"\/2.2-4310\/","token":"2.2\/II\/B\/43\/2\/2.2-4310","metadata":false},{"id":83482,"structure_id":12805,"section_number":"2.2-4310.1","catch_line":"Awards as a result of any authorized enhancement or remedial measure; requirements","url":"\/2.2-4310.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4310.1","metadata":false},{"id":70958,"structure_id":12805,"section_number":"2.2-4310.2","catch_line":"Executive branch agency's goals for participation by small businesses; requirements","url":"\/2.2-4310.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4310.2","metadata":false},{"id":77101,"structure_id":12805,"section_number":"2.2-4310.3","catch_line":"Fiscal data pertaining to certain enhancement or remedial measures","url":"\/2.2-4310.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4310.3","metadata":false},{"id":62578,"structure_id":12805,"section_number":"2.2-4311","catch_line":"Employment discrimination by contractor prohibited; required contract provisions","url":"\/2.2-4311\/","token":"2.2\/II\/B\/43\/2\/2.2-4311","metadata":false},{"id":67743,"structure_id":12805,"section_number":"2.2-4311.1","catch_line":"Compliance with federal, state, and local laws and federal immigration law; required contract provisions","url":"\/2.2-4311.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.1","metadata":false},{"id":82121,"structure_id":12805,"section_number":"2.2-4311.2","catch_line":"Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth","url":"\/2.2-4311.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.2","metadata":false},{"id":70336,"structure_id":12805,"section_number":"2.2-4311.3","catch_line":"Compliance with state law; contract terms inconsistent with state law","url":"\/2.2-4311.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.3","metadata":false},{"id":62129,"structure_id":12805,"section_number":"2.2-4311.4","catch_line":"Procurement of imported goods; forced and indentured child labor prohibition","url":"\/2.2-4311.4\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.4","metadata":false},{"id":79415,"structure_id":12805,"section_number":"2.2-4312","catch_line":"Drug-free workplace to be maintained by contractor; required contract provisions","url":"\/2.2-4312\/","token":"2.2\/II\/B\/43\/2\/2.2-4312","metadata":false},{"id":75321,"structure_id":12805,"section_number":"2.2-4313","catch_line":"Petition for recycled goods and products; periodic review of procurement standards","url":"\/2.2-4313\/","token":"2.2\/II\/B\/43\/2\/2.2-4313","metadata":false},{"id":87067,"structure_id":12805,"section_number":"2.2-4314","catch_line":"Petition for procurement of less toxic goods and products; periodic review of procurement standards","url":"\/2.2-4314\/","token":"2.2\/II\/B\/43\/2\/2.2-4314","metadata":false},{"id":58266,"structure_id":12805,"section_number":"2.2-4315","catch_line":"Use of brand names","url":"\/2.2-4315\/","token":"2.2\/II\/B\/43\/2\/2.2-4315","metadata":false},{"id":59468,"structure_id":12805,"section_number":"2.2-4316","catch_line":"Comments concerning specifications","url":"\/2.2-4316\/","token":"2.2\/II\/B\/43\/2\/2.2-4316","metadata":false},{"id":84046,"structure_id":12805,"section_number":"2.2-4317","catch_line":"Prequalification generally; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4341\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 647 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 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. 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. Those modifications are as follows: in 2001, chapters 412<\/a> and 844<\/a>; in 2003, chapter 255<\/a>; in 2011, chapter 544<\/a>.<\/p>","references":[{"id":67105,"section_number":"23.1-2213","catch_line":"Medical center management; capital projects; leases of property; procurement","order_by":null,"url":"\/23.1-2213\/"}],"refers_to":false,"permalink":{"id":177247,"object_type":"law","relational_id":56940,"identifier":"2.2-4341","token":"2.2\/II\/B\/43\/2\/2.2-4341","url":"\/2.2-4341\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4341\/","token":"2.2\/II\/B\/43\/2\/2.2-4341","dublin_core":{"Title":"Actions on payment bonds; waiver of right to sue","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4341","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any claimant who has a direct contractual relationship with the contractor and who has performed labor or furnished material<\/span> in accordance with the contract<\/span> documents in furtherance of the work provided in any contract<\/span> for which a payment bond<\/span> has been given, and who has not been paid in full before the expiration of 90 days after the day on which the claimant performed the last of the labor or furnished the last of the materials<\/span> for which he claims payment, may bring an action on the payment bond<\/span> to recover any amount due him for the labor or material<\/span>. The obligee named in the bond<\/span> need not be named a party<\/span> to the action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any claimant who has a direct contractual relationship with any subcontractor but who has no contractual relationship, express or implied, with the contractor, may bring an action on the contractor’s payment bond<\/span> only if he has given written notice to the contractor within 90 days from the day on which the claimant performed the last of the labor or furnished the last of the materials<\/span> for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material<\/span> was furnished. Notice to the contractor shall be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business<\/span>. Claims for sums withheld as retainages with respect to labor performed or materials<\/span> furnished, shall not be subject to the time limitations stated in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any action on a payment bond<\/span> shall be brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any waiver<\/span> of the right to sue on the payment bond<\/span> required by this section shall be void unless it is in writing, signed by the person whose right is waived, and executed after such person has performed labor or furnished material<\/span> in accordance with the contract<\/span> documents. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTIONS ON PAYMENT BONDS; WAIVER OF RIGHT TO SUE (\u00a7 2.2-4341)\n\nA. Any claimant who has a direct contractual relationship with the contractor\nand who has performed labor or furnished material in accordance with the\ncontract documents in furtherance of the work provided in any contract for which\na payment bond has been given, and who has not been paid in full before the\nexpiration of 90 days after the day on which the claimant performed the last of\nthe labor or furnished the last of the materials for which he claims payment,\nmay bring an action on the payment bond to recover any amount due him for the\nlabor or material. The obligee named in the bond need not be named a party to\nthe action.\n\nB. Any claimant who has a direct contractual relationship with any subcontractor\nbut who has no contractual relationship, express or implied, with the\ncontractor, may bring an action on the contractor’s payment bond only if\nhe has given written notice to the contractor within 90 days from the day on\nwhich the claimant performed the last of the labor or furnished the last of the\nmaterials for which he claims payment, stating with substantial accuracy the\namount claimed and the name of the person for whom the work was performed or to\nwhom the material was furnished. Notice to the contractor shall be served by\nregistered or certified mail, postage prepaid, in an envelope addressed to such\ncontractor at any place where his office is regularly maintained for the\ntransaction of business. Claims for sums withheld as retainages with respect to\nlabor performed or materials furnished, shall not be subject to the time\nlimitations stated in this subsection.\n\nC. Any action on a payment bond shall be brought within one year after the day\non which the person bringing such action last performed labor or last furnished\nor supplied materials.\n\nD. Any waiver of the right to sue on the payment bond required by this section\nshall be void unless it is in writing, signed by the person whose right is\nwaived, and executed after such person has performed labor or furnished material\nin accordance with the contract documents.\n\nHISTORY: 1982, c. 647, \u00a7 11-60; 2001, cc. 412, 844; 2003, c. 255; 2011, c. 544.","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}}