{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1102.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1102.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1102.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1102.html"}],"law_id":81790,"edition_id":1,"section_id":81790,"structure_id":14547,"section_number":"33.2-1102","catch_line":"Limitation of suits on contracts","history":"1976, c. 230, \u00a7 33.1-192.1; 1982, c. 647; 1991, c. 691; 2014, c. 805.","full_text":"No suit or action shall be brought against the Department by a contractor or any persons claiming under him or on behalf of a subcontractor of the contractor or a person furnishing materials for the contract to the contractor on any contract executed pursuant to this article or by others on any claim arising from the performance of the contract by the contractor, subcontractor, or person furnishing materials to the contractor, unless the claimant has exhausted the review process provided by \u00a7 33.2-1101. Further, no such suit or action shall be brought unless such suit or action is brought within 12 months from receipt of the decision of the Commissioner of Highways. In no event shall any delay therein on the part of the contractor, subcontractor, or person furnishing materials be construed as a reason for extending the time within which such suit or action must be brought. In any case brought against the Department on behalf of a subcontractor or person furnishing materials to the contractor, lack of privity between the parties shall be no defense; however, any such case brought on behalf of a subcontractor or person furnishing materials to the contractor shall only be brought for costs and expenses caused by the acts or omissions of the Department and shall not be brought for costs and expenses caused by the contractor.","order_by":null,"text":{"0":{"id":293066,"text":"No suit or action shall be brought against the Department by a contractor or any persons claiming under him or on behalf of a subcontractor of the contractor or a person furnishing materials for the contract to the contractor on any contract executed pursuant to this article or by others on any claim arising from the performance of the contract by the contractor, subcontractor, or person furnishing materials to the contractor, unless the claimant has exhausted the review process provided by \u00a7 33.2-1101. Further, no such suit or action shall be brought unless such suit or action is brought within 12 months from receipt of the decision of the Commissioner of Highways. In no event shall any delay therein on the part of the contractor, subcontractor, or person furnishing materials be construed as a reason for extending the time within which such suit or action must be brought. In any case brought against the Department on behalf of a subcontractor or person furnishing materials to the contractor, lack of privity between the parties shall be no defense; however, any such case brought on behalf of a subcontractor or person furnishing materials to the contractor shall only be brought for costs and expenses caused by the acts or omissions of the Department and shall not be brought for costs and expenses caused by the contractor.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1102\/","history_text":"<p>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 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 1982, chapter 647; in 1991, chapter 691; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>.<\/p>","references":false,"refers_to":[{"id":56007,"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","order_by":null,"url":"\/33.2-1101\/"}],"permalink":{"id":205537,"object_type":"law","relational_id":81790,"identifier":"33.2-1102","token":"33.2\/II\/11\/1\/33.2-1102","url":"\/33.2-1102\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1102\/","token":"33.2\/II\/11\/1\/33.2-1102","dublin_core":{"Title":"Limitation of suits on contracts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1102","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>No suit or action shall be brought against the <span class=\"dictionary\">Department<\/span> by a contractor or any persons claiming under him or on behalf of a subcontractor of the contractor or a person furnishing <span class=\"dictionary\">materials<\/span> for the <span class=\"dictionary\">contract<\/span> to the contractor on any <span class=\"dictionary\">contract<\/span> executed pursuant to this article or by others on any claim arising from the performance of the <span class=\"dictionary\">contract<\/span> by the contractor, subcontractor, or person furnishing <span class=\"dictionary\">materials<\/span> to the contractor, unless the claimant has exhausted the review process provided by \u00a7&nbsp;<a class=\"law\" title=\"Submission of claims; initial investigation and notice of decision; appearance before Commissioner of Highways; further investigation and notice of decision; settlement\" href=\"\/33.2-1101\/\">33.2-1101<\/a>. Further, no such suit or action shall be brought unless such suit or action is brought within 12 months from receipt of the decision of the <span class=\"dictionary\">Commissioner of Highways<\/span>. In no event shall any delay therein on the part of the contractor, subcontractor, or person furnishing <span class=\"dictionary\">materials<\/span> be construed as a reason for extending the time within which such suit or action must be brought. In any case brought against the <span class=\"dictionary\">Department<\/span> on behalf of a subcontractor or person furnishing <span class=\"dictionary\">materials<\/span> to the contractor, lack of privity between the parties shall be no defense; however, any such case brought on behalf of a subcontractor or person furnishing <span class=\"dictionary\">materials<\/span> to the contractor shall only be brought for costs and expenses caused by the acts or omissions of the <span class=\"dictionary\">Department<\/span> and shall not be brought for costs and expenses caused by the contractor.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLIMITATION OF SUITS ON CONTRACTS (\u00a7 33.2-1102)\n\nNo suit or action shall be brought against the Department by a contractor or any\npersons claiming under him or on behalf of a subcontractor of the contractor or\na person furnishing materials for the contract to the contractor on any contract\nexecuted pursuant to this article or by others on any claim arising from the\nperformance of the contract by the contractor, subcontractor, or person\nfurnishing materials to the contractor, unless the claimant has exhausted the\nreview process provided by \u00a7 33.2-1101. Further, no such suit or action shall\nbe brought unless such suit or action is brought within 12 months from receipt\nof the decision of the Commissioner of Highways. In no event shall any delay\ntherein on the part of the contractor, subcontractor, or person furnishing\nmaterials be construed as a reason for extending the time within which such suit\nor action must be brought. In any case brought against the Department on behalf\nof a subcontractor or person furnishing materials to the contractor, lack of\nprivity between the parties shall be no defense; however, any such case brought\non behalf of a subcontractor or person furnishing materials to the contractor\nshall only be brought for costs and expenses caused by the acts or omissions of\nthe Department and shall not be brought for costs and expenses caused by the\ncontractor.\n\nHISTORY: 1976, c. 230, \u00a7 33.1-192.1; 1982, c. 647; 1991, c. 691; 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}}