{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-508.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-508.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-508.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-508.5.html"}],"law_id":75111,"edition_id":1,"section_id":75111,"structure_id":13931,"section_number":"59.1-508.5","catch_line":"Limitation of actions","history":"2000, cc. 101, 996.","full_text":"a\n\nExcept as otherwise provided in subsection (b), an action for breach of contract must be commenced within the later of four years after the right of action accrues or one year after the breach was or should have been discovered, but not later than five years after the right of action accrues.b\n\nIf the original agreement of the parties alters the period of limitations, the following rules apply:1\n\nThe parties may reduce the period of limitation to not less than one year after the right of action accrues but may not extend it.2\n\nIn a consumer contract, the period of limitation may not be reduced.c\n\nExcept as otherwise provided in subsection (d), a right of action accrues when the act or omission constituting a breach of contract occurs, even if the aggrieved party did not know of the breach. A right of action for breach of warranty accrues when tender of delivery of a copy pursuant to § 59.1-506.6, or access to the information, occurs. However, if the warranty expressly extends to future performance of the information or a copy, the right of action accrues when the performance fails to conform to the warranty, but not later than the date the warranty expires.d\n\nIn the following cases, a right of action accrues on the later of the date the act or omission constituting the breach of contract occurred or the date on which it was or should have been discovered by the aggrieved party, but not earlier than the date for delivery of a copy if the claim relates to information in the copy:1\n\na breach of warranty against third-party claims for:A\n\ninfringement or misappropriation; orB\n\nlibel, slander, or the like;2\n\na breach of contract involving a party’s disclosure or misuse of confidential information; or3\n\na failure to provide an indemnity or to perform another obligation to protect or defend against a third-party claim.e\n\nIf an action commenced within the period of limitation is so concluded as to leave available a remedy by another action for the same breach of contract, the other action may be commenced after expiration of the period of limitation if the action is commenced within six months after conclusion of the first action, unless the action was concluded as a result of voluntary discontinuance or dismissal for failure or neglect to prosecute.f\n\nThis section does not alter the law on tolling of the statute of limitations and does not apply to a right of action that accrued before the effective date of this chapter.","order_by":null,"text":{"0":{"id":269781,"text":"Except as otherwise provided in subsection (b), an action for breach of contract must be commenced within the later of four years after the right of action accrues or one year after the breach was or should have been discovered, but not later than five years after the right of action accrues.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":269782,"text":"If the original agreement of the parties alters the period of limitations, the following rules apply:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"2":{"id":269783,"text":"The parties may reduce the period of limitation to not less than one year after the right of action accrues but may not extend it.","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"3":{"id":269784,"text":"In a consumer contract, the period of limitation may not be reduced.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"c"},"4":{"id":269785,"text":"Except as otherwise provided in subsection (d), a right of action accrues when the act or omission constituting a breach of contract occurs, even if the aggrieved party did not know of the breach. A right of action for breach of warranty accrues when tender of delivery of a copy pursuant to § 59.1-506.6, or access to the information, occurs. However, if the warranty expressly extends to future performance of the information or a copy, the right of action accrues when the performance fails to conform to the warranty, but not later than the date the warranty expires.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b2","next_prefix":"d"},"5":{"id":269786,"text":"In the following cases, a right of action accrues on the later of the date the act or omission constituting the breach of contract occurred or the date on which it was or should have been discovered by the aggrieved party, but not earlier than the date for delivery of a copy if the claim relates to information in the copy:","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"d1"},"6":{"id":269787,"text":"a breach of warranty against third-party claims 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claim.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"e"},"11":{"id":269792,"text":"If an action commenced within the period of limitation is so concluded as to leave available a remedy by another action for the same breach of contract, the other action may be commenced after expiration of the period of limitation if the action is commenced within six months after conclusion of the first action, unless the action was concluded as a result of voluntary discontinuance or dismissal for failure or neglect to prosecute.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"B3","next_prefix":"f"},"12":{"id":269793,"text":"This section does not alter the law on tolling of the statute of limitations and does not apply to a right of action that accrued before the effective date of this chapter.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e"}},"ancestry":[{"id":13931,"edition_id":1,"name":"Remedies","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:46:20","date_modified":"2026-06-26 03:46:20","permalink":{"id":262309,"object_type":"structure","relational_id":13931,"identifier":"8","token":"59.1\/43\/8","url":"\/59.1\/43\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12900,"edition_id":1,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":261885,"object_type":"structure","relational_id":12900,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and 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This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/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":[{"id":87480,"section_number":"59.1-501.15","catch_line":"Variation by agreement; commercial practice","order_by":null,"url":"\/59.1-501.15\/"},{"id":75583,"section_number":"59.1-506.10","catch_line":"Copy; effect of acceptance; burden of establishing; notice of claims","order_by":null,"url":"\/59.1-506.10\/"},{"id":57489,"section_number":"59.1-506.16","catch_line":"Termination; survival of obligations","order_by":null,"url":"\/59.1-506.16\/"}],"refers_to":[{"id":71340,"section_number":"59.1-506.6","catch_line":"Copy; delivery; tender of delivery","order_by":null,"url":"\/59.1-506.6\/"}],"permalink":{"id":262359,"object_type":"law","relational_id":75111,"identifier":"59.1-508.5","token":"59.1\/43\/8\/59.1-508.5","url":"\/59.1-508.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-508.5\/","token":"59.1\/43\/8\/59.1-508.5","dublin_core":{"Title":"Limitation of actions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-508.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Except as otherwise provided in subsection (b), an action for breach of contract<\/span> must be commenced within the later of four years after the right of action accrues or one year after the breach was or should have been discovered, but not later than five years after the right of action accrues. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> If the original agreement of the parties alters the period of limitations, the following rules apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The parties may reduce the period of limitation to not less than one year after the right of action accrues but may not extend it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In a consumer contract<\/span>, the period of limitation may not be reduced. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Except as otherwise provided in subsection (d), a right of action accrues when the act or omission constituting a breach of contract<\/span> occurs, even if the aggrieved party<\/span> did not know of the breach. A right of action for breach of warranty accrues when tender of delivery of a copy pursuant to § 59.1-506.6<\/a>, or access to the information, occurs. However, if the warranty expressly extends to future performance of the information or a copy, the right of action accrues when the performance fails to conform to the warranty, but not later than the date the warranty expires. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> In the following cases, a right of action accrues on the later of the date the act or omission constituting the breach of contract<\/span> occurred or the date on which it was or should have been discovered by the aggrieved party<\/span>, but not earlier than the date for delivery of a copy if the claim relates to information in the copy: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a breach of warranty against third-party claims for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> infringement or misappropriation; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> libel, slander, or the like; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> a breach of contract<\/span> involving a party’s disclosure or misuse of confidential information; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> a failure to provide an indemnity or to perform another obligation to protect or defend against a third-party claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> If an action commenced within the period of limitation is so concluded as to leave available a remedy by another action for the same breach of contract<\/span>, the other action may be commenced after expiration of the period of limitation if the action is commenced within six months after conclusion of the first action, unless the action was concluded as a result of voluntary discontinuance or dismissal<\/span> for failure or neglect to prosecute<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> This section does not alter the law<\/span> on tolling of the statute of limitations<\/span> and does not apply to a right of action that accrued before the effective date of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION OF ACTIONS (\u00a7 59.1-508.5)\n\na. Except as otherwise provided in subsection (b), an action for breach of\ncontract must be commenced within the later of four years after the right of\naction accrues or one year after the breach was or should have been discovered,\nbut not later than five years after the right of action accrues.\n\nb. If the original agreement of the parties alters the period of limitations,\nthe following rules apply:\n\n 1. The parties may reduce the period of limitation to not less than one year\n after the right of action accrues but may not extend it.\n\n 2. In a consumer contract, the period of limitation may not be reduced.\n\nc. Except as otherwise provided in subsection (d), a right of action accrues\nwhen the act or omission constituting a breach of contract occurs, even if the\naggrieved party did not know of the breach. A right of action for breach of\nwarranty accrues when tender of delivery of a copy pursuant to §\n59.1-506.6, or access to the information, occurs. However, if the warranty\nexpressly extends to future performance of the information or a copy, the right\nof action accrues when the performance fails to conform to the warranty, but not\nlater than the date the warranty expires.\n\nd. In the following cases, a right of action accrues on the later of the date\nthe act or omission constituting the breach of contract occurred or the date on\nwhich it was or should have been discovered by the aggrieved party, but not\nearlier than the date for delivery of a copy if the claim relates to information\nin the copy:\n\n 1. a breach of warranty against third-party claims for:\n\nA. infringement or misappropriation; or\n\nB. libel, slander, or the like;\n\n 2. a breach of contract involving a party’s disclosure or misuse of\n confidential information; or\n\n 3. a failure to provide an indemnity or to perform another obligation to\n protect or defend against a third-party claim.\n\ne. If an action commenced within the period of limitation is so concluded as to\nleave available a remedy by another action for the same breach of contract, the\nother action may be commenced after expiration of the period of limitation if\nthe action is commenced within six months after conclusion of the first action,\nunless the action was concluded as a result of voluntary discontinuance or\ndismissal for failure or neglect to prosecute.\n\nf. This section does not alter the law on tolling of the statute of limitations\nand does not apply to a right of action that accrued before the effective date\nof this chapter.\n\nHISTORY: 2000, cc. 101, 996.","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}}