{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1101.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1101.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1101.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1101.html"}],"law_id":56007,"edition_id":1,"section_id":56007,"structure_id":14547,"section_number":"33.2-1101","catch_line":"Submission of claims; initial investigation and notice of decision; appearance before Commissioner of Highways; further investigation and notice of decision; settlement","history":"1976, c. 230, \u00a7 33.1-386; 1982, c. 320; 1991, c. 691; 1994, c. 67; 2001, c. 175; 2007, c. 162; 2014, c. 805.","full_text":"A\n\nUpon the completion of any contract for the construction of any state highway project awarded by the Board or by the Commissioner of Highways to any contractor, if the contractor fails to receive such settlement as he claims to be entitled to under the contract for himself or for his subcontractors or for persons furnishing materials for the contract for costs and expenses caused by the acts or omissions of the Department, he may, within 60 days after the final estimate date, deliver to the Department, through proper administrative channels as determined by the Department, a written claim for such amount to which he deems himself, his subcontractors, or his material persons entitled under the contract. The final estimate date shall be set forth in a letter from the Department to the contractor sent by certified mail. The claim shall set forth the facts upon which the claim is based, provided that written notice of the contractor’s intention to file such claim shall have been given to the Department at the time of the occurrence or beginning of the work upon which the claim and subsequent action is based. Within 90 days from receipt of such claim, the Department shall make an investigation and notify the claimant in writing by certified mail of its decision. The claimant and the Department may, however, mutually extend such 90-day period for another 30 days.B\n\nIf dissatisfied with the decision, the claimant shall, within 30 days from receipt of the Department’s decision, notify the Commissioner of Highways, in writing, that he desires to appear before him, either in person or through counsel, and present any additional facts and arguments in support of his claim as previously filed.C\n\nThe Commissioner of Highways shall schedule such appearance to be held within 30 days of receiving the claimant’s written request. The claimant and the Commissioner of Highways may, however, mutually agree to schedule such appearance to be held after 30 days but before 60 days from the receipt of the claimant’s written request.D\n\nWithin 45 days from the date of the appearance before him, the Commissioner of Highways shall make an investigation of the claim and notify the contractor in writing of his decision. The claimant and the Commissioner of Highways may, however, mutually agree to extend such 45-day period for another 30 days. If the Commissioner of Highways deems that all or any portion of a claim is valid, he shall have the authority to negotiate a settlement with the contractor, but any such settlement shall be subject to the provisions of § 2.2-514.E\n\nFailure of the Department or the Commissioner of Highways to render a decision within the time period specified in subsections A and D, or within such other period as has been mutually agreed upon as provided in this section, shall be deemed a denial of the claim.\n\t\t\tIf the Commissioner of Highways determines that a claim has been denied as the result of an administrative oversight, then the Department reserves the right to reconsider the claim.","order_by":null,"text":{"0":{"id":205260,"text":"Upon the completion of any contract for the construction of any state highway project awarded by the Board or by the Commissioner of Highways to any contractor, if the contractor fails to receive such settlement as he claims to be entitled to under the contract for himself or for his subcontractors or for persons furnishing materials for the contract for costs and expenses caused by the acts or omissions of the Department, he may, within 60 days after the final estimate date, deliver to the Department, through proper administrative channels as determined by the Department, a written claim for such amount to which he deems himself, his subcontractors, or his material persons entitled under the contract. The final estimate date shall be set forth in a letter from the Department to the contractor sent by certified mail. The claim shall set forth the facts upon which the claim is based, provided that written notice of the contractor’s intention to file such claim shall have been given to the Department at the time of the occurrence or beginning of the work upon which the claim and subsequent action is based. Within 90 days from receipt of such claim, the Department shall make an investigation and notify the claimant in writing by certified mail of its decision. The claimant and the Department may, however, mutually extend such 90-day period for another 30 days.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":205261,"text":"If dissatisfied with the decision, the claimant shall, within 30 days from receipt of the Department’s decision, notify the Commissioner of Highways, in writing, that he desires to appear before him, either in person or through counsel, and present any additional facts and arguments in support of his claim as previously filed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":205262,"text":"The Commissioner of Highways shall schedule such appearance to be held within 30 days of receiving the claimant’s written request. The claimant and the Commissioner of Highways may, however, mutually agree to schedule such appearance to be held after 30 days but before 60 days from the receipt of the claimant’s written request.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":205263,"text":"Within 45 days from the date of the appearance before him, the Commissioner of Highways shall make an investigation of the claim and notify the contractor in writing of his decision. The claimant and the Commissioner of Highways may, however, mutually agree to extend such 45-day period for another 30 days. If the Commissioner of Highways deems that all or any portion of a claim is valid, he shall have the authority to negotiate a settlement with the contractor, but any such settlement shall be subject to the provisions of § 2.2-514.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":205264,"text":"Failure of the Department or the Commissioner of Highways to render a decision within the time period specified in subsections A and D, or within such other period as has been mutually agreed upon as provided in this section, shall be deemed a denial of the claim.\n\t\t\tIf the Commissioner of Highways determines that a claim has been denied as the result of an administrative oversight, then the Department reserves the right to reconsider the claim.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14547,"edition_id":1,"name":"Highway Construction Contracts, Limitations on Suits, and Adjustment of Claims","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14546,"metadata":{},"date_created":"2026-06-26 03:48:37","date_modified":"2026-06-26 03:48:37","permalink":{"id":205527,"object_type":"structure","relational_id":14547,"identifier":"1","token":"33.2\/II\/11\/1","url":"\/33.2\/II\/11\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14546,"edition_id":1,"name":"Highway Construction Contracts and Suits; Highway Contractors' Association","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:48:37","date_modified":"2026-06-26 03:48:37","permalink":{"id":205525,"object_type":"structure","relational_id":14546,"identifier":"11","token":"33.2\/II\/11","url":"\/33.2\/II\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61568,"structure_id":14547,"section_number":"33.2-1100","catch_line":"Highway construction contracts","url":"\/33.2-1100\/","token":"33.2\/II\/11\/1\/33.2-1100","metadata":false},{"id":56007,"structure_id":14547,"section_number":"33.2-1101","catch_line":"Submission of claims; initial investigation and notice of decision; appearance before Commissioner of Highways; further investigation and notice of decision; settlement","url":"\/33.2-1101\/","token":"33.2\/II\/11\/1\/33.2-1101","metadata":false},{"id":81790,"structure_id":14547,"section_number":"33.2-1102","catch_line":"Limitation of suits on contracts","url":"\/33.2-1102\/","token":"33.2\/II\/11\/1\/33.2-1102","metadata":false},{"id":61744,"structure_id":14547,"section_number":"33.2-1103","catch_line":"Civil action","url":"\/33.2-1103\/","token":"33.2\/II\/11\/1\/33.2-1103","metadata":false},{"id":69801,"structure_id":14547,"section_number":"33.2-1104","catch_line":"Application of article; existing contracts","url":"\/33.2-1104\/","token":"33.2\/II\/11\/1\/33.2-1104","metadata":false},{"id":58747,"structure_id":14547,"section_number":"33.2-1105","catch_line":"Provisions of article deemed part of contract","url":"\/33.2-1105\/","token":"33.2\/II\/11\/1\/33.2-1105","metadata":false}],"previous_section":{"id":61568,"structure_id":14547,"section_number":"33.2-1100","catch_line":"Highway construction contracts","url":"\/33.2-1100\/","token":"33.2\/II\/11\/1\/33.2-1100","metadata":false},"next_section":{"id":81790,"structure_id":14547,"section_number":"33.2-1102","catch_line":"Limitation of suits on contracts","url":"\/33.2-1102\/","token":"33.2\/II\/11\/1\/33.2-1102","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1101\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 230 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 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1982, chapter 320; in 1991, chapter 691; in 1994, chapter 67<\/a>; in 2001, chapter 175<\/a>; in 2007, chapter 162<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":81790,"section_number":"33.2-1102","catch_line":"Limitation of suits on contracts","order_by":null,"url":"\/33.2-1102\/"},{"id":61744,"section_number":"33.2-1103","catch_line":"Civil action","order_by":null,"url":"\/33.2-1103\/"}],"refers_to":false,"permalink":{"id":205533,"object_type":"law","relational_id":56007,"identifier":"33.2-1101","token":"33.2\/II\/11\/1\/33.2-1101","url":"\/33.2-1101\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1101\/","token":"33.2\/II\/11\/1\/33.2-1101","dublin_core":{"Title":"Submission of claims; initial investigation and notice of decision; appearance before Commissioner of Highways; further investigation and notice of decision; settlement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1101","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the completion of any contract<\/span> for the construction of any state highway<\/span> project awarded by the Board<\/span> or by the Commissioner of Highways<\/span> to any contractor, if the contractor fails to receive such settlement<\/span> as he claims to be entitled to under the contract<\/span> for himself or for his subcontractors or for persons furnishing materials<\/span> for the contract<\/span> for costs and expenses caused by the acts or omissions of the Department<\/span>, he may, within 60 days after the final estimate date, deliver to the Department<\/span>, through proper administrative channels as determined by the Department<\/span>, a written claim for such amount to which he deems himself, his subcontractors, or his material<\/span> persons entitled under the contract<\/span>. The final estimate date shall be set forth in a letter from the Department<\/span> to the contractor sent by certified mail. The claim shall set forth the facts<\/span> upon which the claim is based, provided that written notice of the contractor’s intention to file such claim shall have been given to the Department<\/span> at the time of the occurrence or beginning of the work upon which the claim and subsequent action is based. Within 90 days from receipt of such claim, the Department<\/span> shall make an investigation and notify the claimant in writing by certified mail of its decision. The claimant and the Department<\/span> may, however, mutually extend such 90-day period for another 30 days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If dissatisfied with the decision, the claimant shall, within 30 days from receipt of the Department<\/span>’s decision, notify the Commissioner of Highways<\/span>, in writing, that he desires to appear before him, either in person or through counsel<\/span>, and present any additional facts<\/span> and arguments in support of his claim as previously filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner of Highways<\/span> shall schedule such appearance<\/span> to be held within 30 days of receiving the claimant’s written request. The claimant and the Commissioner of Highways<\/span> may, however, mutually agree to schedule such appearance<\/span> to be held after 30 days but before 60 days from the receipt of the claimant’s written request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Within 45 days from the date of the appearance<\/span> before him, the Commissioner of Highways<\/span> shall make an investigation of the claim and notify the contractor in writing of his decision. The claimant and the Commissioner of Highways<\/span> may, however, mutually agree to extend such 45-day period for another 30 days. If the Commissioner of Highways<\/span> deems that all or any portion of a claim is valid, he shall have the authority to negotiate a settlement<\/span> with the contractor, but any such settlement<\/span> shall be subject to the provisions of § 2.2-514<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Failure of the Department<\/span> or the Commissioner of Highways<\/span> to render a decision within the time period specified in subsections A and D, or within such other period as has been mutually agreed upon as provided in this section, shall be deemed a denial of the claim.\n\t\t\tIf the Commissioner of Highways<\/span> determines that a claim has been denied as the result of an administrative oversight, then the Department<\/span> reserves the right to reconsider the claim. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBMISSION OF CLAIMS; INITIAL INVESTIGATION AND NOTICE OF DECISION; APPEARANCE\nBEFORE COMMISSIONER OF HIGHWAYS; FURTHER INVESTIGATION AND NOTICE OF DECISION;\nSETTLEMENT (\u00a7 33.2-1101)\n\nA. Upon the completion of any contract for the construction of any state highway\nproject awarded by the Board or by the Commissioner of Highways to any\ncontractor, if the contractor fails to receive such settlement as he claims to\nbe entitled to under the contract for himself or for his subcontractors or for\npersons furnishing materials for the contract for costs and expenses caused by\nthe acts or omissions of the Department, he may, within 60 days after the final\nestimate date, deliver to the Department, through proper administrative channels\nas determined by the Department, a written claim for such amount to which he\ndeems himself, his subcontractors, or his material persons entitled under the\ncontract. The final estimate date shall be set forth in a letter from the\nDepartment to the contractor sent by certified mail. The claim shall set forth\nthe facts upon which the claim is based, provided that written notice of the\ncontractor’s intention to file such claim shall have been given to the\nDepartment at the time of the occurrence or beginning of the work upon which the\nclaim and subsequent action is based. Within 90 days from receipt of such claim,\nthe Department shall make an investigation and notify the claimant in writing by\ncertified mail of its decision. The claimant and the Department may, however,\nmutually extend such 90-day period for another 30 days.\n\nB. If dissatisfied with the decision, the claimant shall, within 30 days from\nreceipt of the Department’s decision, notify the Commissioner of Highways,\nin writing, that he desires to appear before him, either in person or through\ncounsel, and present any additional facts and arguments in support of his claim\nas previously filed.\n\nC. The Commissioner of Highways shall schedule such appearance to be held within\n30 days of receiving the claimant’s written request. The claimant and the\nCommissioner of Highways may, however, mutually agree to schedule such\nappearance to be held after 30 days but before 60 days from the receipt of the\nclaimant’s written request.\n\nD. Within 45 days from the date of the appearance before him, the Commissioner\nof Highways shall make an investigation of the claim and notify the contractor\nin writing of his decision. The claimant and the Commissioner of Highways may,\nhowever, mutually agree to extend such 45-day period for another 30 days. If the\nCommissioner of Highways deems that all or any portion of a claim is valid, he\nshall have the authority to negotiate a settlement with the contractor, but any\nsuch settlement shall be subject to the provisions of § 2.2-514.\n\nE. Failure of the Department or the Commissioner of Highways to render a\ndecision within the time period specified in subsections A and D, or within such\nother period as has been mutually agreed upon as provided in this section, shall\nbe deemed a denial of the claim.\n\t\t\tIf the Commissioner of Highways determines that a claim has been denied as\nthe result of an administrative oversight, then the Department reserves the\nright to reconsider the claim.\n\nHISTORY: 1976, c. 230, \u00a7 33.1-386; 1982, c. 320; 1991, c. 691; 1994, c. 67;\n2001, c. 175; 2007, c. 162; 2014, c. 805.","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}}