{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-232.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-232.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-232.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-232.html"}],"law_id":85263,"edition_id":1,"section_id":85263,"structure_id":15400,"section_number":"8.01-232","catch_line":"Effect of promises not to plead statute of limitations","history":"Code 1950, \u00a7\u00a7 8-27, 8-28; 1977, c. 617; 2006, c. 278; 2020, cc. 496, 497; 2022, c. 477.","full_text":"A\n\nWhenever the failure to enforce a promise, written or unwritten, not to plead the statute of limitations would operate as a fraud on the promisee, the promisor shall be estopped to plead the statute. In all other cases, an unwritten promise not to plead the statute shall be void, and a written promise not to plead such statute shall be valid and enforceable to prevent assertion of the defense of the statute only when (i) the written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor, (ii) the written promise is signed by the promisor or his agent, and (iii) the promisee commences an action asserting such cause of action within the earlier of (a) the applicable limitations period running from the date the written promise is made or (b) any shorter time as may be provided in the written promise. No provision of this subsection shall operate contrary to subsections B and C.B\n\nNo acknowledgment or promise by any personal representative of a decedent shall charge the estate of the decedent, revive a cause of action otherwise barred, or relieve the personal representative of his duty to defend under § 64.2-1415 in any case in which but for such acknowledgment or promise, the decedent’s estate could have been protected under a statute of limitations.C\n\nNo acknowledgment or promise by one of two or more joint contractors shall charge any of such contractors in any case in which but for such acknowledgment another contractor would have been protected under a statute of limitations.D\n\nSubsections A and C shall not apply to, limit, or prohibit written promises to waive or not to plead the statute of limitations that are made in, or contemporaneously with, subcontracts of any tier that are related to contracts for construction, construction management, design-build, architecture, or engineering under Chapter 43 (§ 2.2-4300 et seq.) or 43.1 (§ 2.2-4378 et seq.) of Title 2.2; under the policies and procedures adopted by any county, city, or town or school board; under Title 23.1; or under authorizing provisions, policies, or procedures for procurement of such contracts by any public body exempted from the foregoing; however, such waiver or promise not to plead applies only to demands, claims, or actions asserted under such contracts by a public body. As used in this subsection, “subcontract” includes any contract or purchase order to supply labor, equipment, materials, or services to an entity awarded a contract with a public body or to any lower-tier entity performing work provided for in such a contract.","order_by":null,"text":{"0":{"id":305539,"text":"Whenever the failure to enforce a promise, written or unwritten, not to plead the statute of limitations would operate as a fraud on the promisee, the promisor shall be estopped to plead the statute. In all other cases, an unwritten promise not to plead the statute shall be void, and a written promise not to plead such statute shall be valid and enforceable to prevent assertion of the defense of the statute only when (i) the written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor, (ii) the written promise is signed by the promisor or his agent, and (iii) the promisee commences an action asserting such cause of action within the earlier of (a) the applicable limitations period running from the date the written promise is made or (b) any shorter time as may be provided in the written promise. No provision of this subsection shall operate contrary to subsections B and C.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305540,"text":"No acknowledgment or promise by any personal representative of a decedent shall charge the estate of the decedent, revive a cause of action otherwise barred, or relieve the personal representative of his duty to defend under § 64.2-1415 in any case in which but for such acknowledgment or promise, the decedent’s estate could have been protected under a statute of limitations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305541,"text":"No acknowledgment or promise by one of two or more joint contractors shall charge any of such contractors in any case in which but for such acknowledgment another contractor would have been protected under a statute of limitations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":305542,"text":"Subsections A and C shall not apply to, limit, or prohibit written promises to waive or not to plead the statute of limitations that are made in, or contemporaneously with, subcontracts of any tier that are related to contracts for construction, construction management, design-build, architecture, or engineering under Chapter 43 (§ 2.2-4300 et seq.) or 43.1 (§ 2.2-4378 et seq.) of Title 2.2; under the policies and procedures adopted by any county, city, or town or school board; under Title 23.1; or under authorizing provisions, policies, or procedures for procurement of such contracts by any public body exempted from the foregoing; however, such waiver or promise not to plead applies only to demands, claims, or actions asserted under such contracts by a public body. As used in this subsection, “subcontract” includes any contract or purchase order to supply labor, equipment, materials, or services to an entity awarded a contract with a public body or to any lower-tier entity performing work provided for in such a contract.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15400,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14109,"metadata":{},"date_created":"2026-06-26 03:54:38","date_modified":"2026-06-26 03:54:38","permalink":{"id":281129,"object_type":"structure","relational_id":15400,"identifier":"1","token":"8.01\/4\/1","url":"\/8.01\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14109,"edition_id":1,"name":"Limitations of Actions","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:46:54","date_modified":"2026-06-26 03:46:54","permalink":{"id":281127,"object_type":"structure","relational_id":14109,"identifier":"4","token":"8.01\/4","url":"\/8.01\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","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":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58648,"structure_id":15400,"section_number":"8.01-228","catch_line":"Scope of limitations; \"personal action\" defined","url":"\/8.01-228\/","token":"8.01\/4\/1\/8.01-228","metadata":false},{"id":64704,"structure_id":15400,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","url":"\/8.01-229\/","token":"8.01\/4\/1\/8.01-229","metadata":false},{"id":74083,"structure_id":15400,"section_number":"8.01-230","catch_line":"Accrual of right of action","url":"\/8.01-230\/","token":"8.01\/4\/1\/8.01-230","metadata":false},{"id":77412,"structure_id":15400,"section_number":"8.01-231","catch_line":"Commonwealth not within statute of limitations","url":"\/8.01-231\/","token":"8.01\/4\/1\/8.01-231","metadata":false},{"id":85263,"structure_id":15400,"section_number":"8.01-232","catch_line":"Effect of promises not to plead statute of limitations","url":"\/8.01-232\/","token":"8.01\/4\/1\/8.01-232","metadata":false},{"id":70251,"structure_id":15400,"section_number":"8.01-233","catch_line":"When action deemed brought on counterclaim or cross-claim; when statute of limitations tolled; defendant's consent required for dismissal","url":"\/8.01-233\/","token":"8.01\/4\/1\/8.01-233","metadata":false},{"id":61345,"structure_id":15400,"section_number":"8.01-234","catch_line":"Repeal of limitation not to remove bar of statute","url":"\/8.01-234\/","token":"8.01\/4\/1\/8.01-234","metadata":false},{"id":74957,"structure_id":15400,"section_number":"8.01-235","catch_line":"Bar of expiration of limitation period raised only as affirmative defense in responsive pleading","url":"\/8.01-235\/","token":"8.01\/4\/1\/8.01-235","metadata":false}],"previous_section":{"id":77412,"structure_id":15400,"section_number":"8.01-231","catch_line":"Commonwealth not within statute of limitations","url":"\/8.01-231\/","token":"8.01\/4\/1\/8.01-231","metadata":false},"next_section":{"id":70251,"structure_id":15400,"section_number":"8.01-233","catch_line":"When action deemed brought on counterclaim or cross-claim; when statute of limitations tolled; defendant's consent required for dismissal","url":"\/8.01-233\/","token":"8.01\/4\/1\/8.01-233","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-232\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1977, chapter 617; in 2006, chapter 278<\/a>; in 2020, chapters 496<\/a> and 497<\/a>; in 2022, chapter 477<\/a>.<\/p>","references":false,"refers_to":[{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":63977,"section_number":"2.2-4378","catch_line":"Purpose; applicability","order_by":null,"url":"\/2.2-4378\/"},{"id":58324,"section_number":"64.2-1415","catch_line":"Liability for losses by negligence or failure to make defense","order_by":null,"url":"\/64.2-1415\/"}],"permalink":{"id":281147,"object_type":"law","relational_id":85263,"identifier":"8.01-232","token":"8.01\/4\/1\/8.01-232","url":"\/8.01-232\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-232\/","token":"8.01\/4\/1\/8.01-232","dublin_core":{"Title":"Effect of promises not to plead statute of limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-232","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the failure to enforce a promise, written or unwritten, not to plead the statute of limitations<\/span> would operate as a fraud<\/span> on the promisee, the promisor shall be estopped to plead the statute. In all other cases, an unwritten promise not to plead the statute shall be void, and a written promise not to plead such statute shall be valid and enforceable to prevent assertion of the defense of the statute only when (i) the written promise is made to avoid or defer litigation<\/span> pending settlement<\/span> of any cause of action<\/span> that has accrued in favor of the promisee against the promisor, (ii) the written promise is signed by the promisor or his agent, and (iii) the promisee commences an action asserting such cause of action<\/span> within the earlier of (a) the applicable limitations period running from the date the written promise is made or (b) any shorter time as may be provided in the written promise. No provision of this subsection shall operate contrary to subsections B and C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No acknowledgment or promise by any personal representative of a decedent shall charge the estate of the decedent, revive a cause of action<\/span> otherwise barred, or relieve the personal representative of his duty to defend under § 64.2-1415<\/a> in any case in which but for such acknowledgment or promise, the decedent’s estate could have been protected under a statute of limitations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No acknowledgment or promise by one of two or more joint contractors shall charge any of such contractors in any case in which but for such acknowledgment another contractor would have been protected under a statute of limitations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Subsections A and C shall not apply to, limit, or prohibit written promises to waive<\/span> or not to plead the statute of limitations<\/span> that are made in, or contemporaneously with, subcontracts<\/span> of any tier that are related to contracts<\/span> for construction, construction management, design-build, architecture, or engineering under Chapter 43 (§ 2.2-4300<\/a> et seq.) or 43.1 (§ 2.2-4378<\/a> et seq.) of Title 2.2; under the policies and procedures adopted by any county, city, or town or school board; under Title 23.1; or under authorizing provisions, policies, or procedures for procurement of such contracts<\/span> by any public body exempted from the foregoing; however, such waiver<\/span> or promise not to plead applies only to demands, claims, or actions<\/span> asserted under such contracts<\/span> by a public body. As used in this subsection, “subcontract<\/span>” includes any contract<\/span> or purchase order<\/span> to supply labor, equipment, materials<\/span>, or services to an entity awarded a contract<\/span> with a public body or to any lower-tier entity performing work provided for in such a contract<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF PROMISES NOT TO PLEAD STATUTE OF LIMITATIONS (\u00a7 8.01-232)\n\nA. Whenever the failure to enforce a promise, written or unwritten, not to plead\nthe statute of limitations would operate as a fraud on the promisee, the\npromisor shall be estopped to plead the statute. In all other cases, an\nunwritten promise not to plead the statute shall be void, and a written promise\nnot to plead such statute shall be valid and enforceable to prevent assertion of\nthe defense of the statute only when (i) the written promise is made to avoid or\ndefer litigation pending settlement of any cause of action that has accrued in\nfavor of the promisee against the promisor, (ii) the written promise is signed\nby the promisor or his agent, and (iii) the promisee commences an action\nasserting such cause of action within the earlier of (a) the applicable\nlimitations period running from the date the written promise is made or (b) any\nshorter time as may be provided in the written promise. No provision of this\nsubsection shall operate contrary to subsections B and C.\n\nB. No acknowledgment or promise by any personal representative of a decedent\nshall charge the estate of the decedent, revive a cause of action otherwise\nbarred, or relieve the personal representative of his duty to defend under\n§ 64.2-1415 in any case in which but for such acknowledgment or promise,\nthe decedent’s estate could have been protected under a statute of\nlimitations.\n\nC. No acknowledgment or promise by one of two or more joint contractors shall\ncharge any of such contractors in any case in which but for such acknowledgment\nanother contractor would have been protected under a statute of limitations.\n\nD. Subsections A and C shall not apply to, limit, or prohibit written promises\nto waive or not to plead the statute of limitations that are made in, or\ncontemporaneously with, subcontracts of any tier that are related to contracts\nfor construction, construction management, design-build, architecture, or\nengineering under Chapter 43 (§ 2.2-4300 et seq.) or 43.1 (§ 2.2-4378\net seq.) of Title 2.2; under the policies and procedures adopted by any county,\ncity, or town or school board; under Title 23.1; or under authorizing\nprovisions, policies, or procedures for procurement of such contracts by any\npublic body exempted from the foregoing; however, such waiver or promise not to\nplead applies only to demands, claims, or actions asserted under such contracts\nby a public body. As used in this subsection, “subcontract” includes\nany contract or purchase order to supply labor, equipment, materials, or\nservices to an entity awarded a contract with a public body or to any lower-tier\nentity performing work provided for in such a contract.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-27, 8-28; 1977, c. 617; 2006, c. 278; 2020, cc. 496,\n497; 2022, c. 477.","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}}