{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-35.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-35.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-35.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-35.1.html"}],"law_id":71789,"edition_id":1,"section_id":71789,"structure_id":12887,"section_number":"8.01-35.1","catch_line":"Effect of release or covenant not to sue in respect to liability and contribution","history":"1979, c. 697; 1980, c. 411; 1982, c. 196; 1983, c. 181; 1985, c. 330; 1989, c. 681; 2000, c. 351; 2007, c. 443.","full_text":"A\n\nWhen a release or a covenant not to sue is given in good faith to one of two or more persons liable for the same injury to a person or property, or the same wrongful death:1\n\nIt shall not discharge any other person from liability for the injury, property damage or wrongful death unless its terms so provide; but any amount recovered against the other person or any one of them shall be reduced by any amount stipulated by the covenant or the release, or in the amount of the consideration paid for it, whichever is the greater. In determining the amount of consideration given for a covenant not to sue or release for a settlement which consists in whole or in part of future payment or payments, the court shall consider expert or other evidence as to the present value of the settlement consisting in whole or in part of future payment or payments. A release or covenant not to sue given pursuant to this section shall not be admitted into evidence in the trial of the matter but shall be considered by the court in determining the amount for which judgment shall be entered; and2\n\nIt shall discharge the person to whom it is given from all liability for contribution to any other person liable for the same injury to person or property or the same wrongful death.B\n\nA person who enters into a release or covenant not to sue with a claimant is not entitled to recover by way of contribution from another person whose liability for the injury, property damage or wrongful death is not extinguished by the release or covenant not to sue, nor in respect to any amount paid by the person which is in excess of what was reasonable.C\n\nFor the purposes of this section, a covenant not to sue shall include any “high-low” agreement whereby a party seeking damages for injury to a person or property, or for wrongful death, agrees to accept as full satisfaction for any judgment no more than one sum certain and the party or parties from whom the damages are sought agree to pay no less than another sum certain regardless of whether any judgment rendered at trial is higher or lower than the respective sums certain set forth in the agreement and whereby such party provides notice to all of the other parties of the terms of such “high-low” agreement immediately after such agreement is reached.D\n\nA release or covenant not to sue given pursuant to this section shall be subject to the provisions of §§ 8.01-55 and 8.01-424.E\n\nThis section shall apply to all such covenants not to sue executed on or after July 1, 1979, and to all releases executed on or after July 1, 1980. This section shall also apply to all oral covenants not to sue and oral releases agreed to on or after July 1, 1989, provided that any cause of action affected thereby accrues on or after July 1, 1989. A release or covenant not to sue need not be in writing where parties to a pending action state in open court that they have agreed to enter into such release or covenant not to sue and have agreed further to subsequently memorialize the same in writing.","order_by":null,"text":{"0":{"id":258634,"text":"When a release or a covenant not to sue is given in good faith to one of two or more persons liable for the same injury to a person or property, or the same wrongful death:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":258635,"text":"It shall not discharge any other person from liability for the injury, property damage or wrongful death unless its terms so provide; but any amount recovered against the other person or any one of them shall be reduced by any amount stipulated by the covenant or the release, or in the amount of the consideration paid for it, whichever is the greater. In determining the amount of consideration given for a covenant not to sue or release for a settlement which consists in whole or in part of future payment or payments, the court shall consider expert or other evidence as to the present value of the settlement consisting in whole or in part of future payment or payments. A release or covenant not to sue given pursuant to this section shall not be admitted into evidence in the trial of the matter but shall be considered by the court in determining the amount for which judgment shall be entered; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":258636,"text":"It shall discharge the person to whom it is given from all liability for contribution to any other person liable for the same injury to person or property or the same wrongful death.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":258637,"text":"A person who enters into a release or covenant not to sue with a claimant is not entitled to recover by way of contribution from another person whose liability for the injury, property damage or wrongful death is not extinguished by the release or covenant not to sue, nor in respect to any amount paid by the person which is in excess of what was reasonable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":258638,"text":"For the purposes of this section, a covenant not to sue shall include any “high-low” agreement whereby a party seeking damages for injury to a person or property, or for wrongful death, agrees to accept as full satisfaction for any judgment no more than one sum certain and the party or parties from whom the damages are sought agree to pay no less than another sum certain regardless of whether any judgment rendered at trial is higher or lower than the respective sums certain set forth in the agreement and whereby such party provides notice to all of the other parties of the terms of such “high-low” agreement immediately after such agreement is reached.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":258639,"text":"A release or covenant not to sue given pursuant to this section shall be subject to the provisions of §§ 8.01-55 and 8.01-424.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":258640,"text":"This section shall apply to all such covenants not to sue executed on or after July 1, 1979, and to all releases executed on or after July 1, 1980. This section shall also apply to all oral covenants not to sue and oral releases agreed to on or after July 1, 1989, provided that any cause of action affected thereby accrues on or after July 1, 1989. A release or covenant not to sue need not be in writing where parties to a pending action state in open court that they have agreed to enter into such release or covenant not to sue and have agreed further to subsequently memorialize the same in writing.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12887,"edition_id":1,"name":"Injury to Person or Property","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":280695,"object_type":"structure","relational_id":12887,"identifier":"3","token":"8.01\/3\/3","url":"\/8.01\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","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":71526,"structure_id":12887,"section_number":"8.01-34","catch_line":"When contribution among wrongdoers enforced","url":"\/8.01-34\/","token":"8.01\/3\/3\/8.01-34","metadata":false},{"id":56273,"structure_id":12887,"section_number":"8.01-35","catch_line":"Damages for loss of income not diminished by reimbursement","url":"\/8.01-35\/","token":"8.01\/3\/3\/8.01-35","metadata":false},{"id":71789,"structure_id":12887,"section_number":"8.01-35.1","catch_line":"Effect of release or covenant not to sue in respect to liability and contribution","url":"\/8.01-35.1\/","token":"8.01\/3\/3\/8.01-35.1","metadata":false},{"id":54115,"structure_id":12887,"section_number":"8.01-36","catch_line":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant","url":"\/8.01-36\/","token":"8.01\/3\/3\/8.01-36","metadata":false},{"id":61407,"structure_id":12887,"section_number":"8.01-37","catch_line":"Recovery of lost wages in action for injuries to emancipated infant","url":"\/8.01-37\/","token":"8.01\/3\/3\/8.01-37","metadata":false},{"id":84122,"structure_id":12887,"section_number":"8.01-37.1","catch_line":"Claims for medical services provided by United States; proof of reasonable value","url":"\/8.01-37.1\/","token":"8.01\/3\/3\/8.01-37.1","metadata":false},{"id":74543,"structure_id":12887,"section_number":"8.01-38","catch_line":"Tort liability of hospitals","url":"\/8.01-38\/","token":"8.01\/3\/3\/8.01-38","metadata":false},{"id":80026,"structure_id":12887,"section_number":"8.01-38.1","catch_line":"Limitation on recovery of punitive damages","url":"\/8.01-38.1\/","token":"8.01\/3\/3\/8.01-38.1","metadata":false},{"id":85786,"structure_id":12887,"section_number":"8.01-39","catch_line":"Completion or acceptance of work not bar to action against independent contractor for personal injury, wrongful death or damage to property","url":"\/8.01-39\/","token":"8.01\/3\/3\/8.01-39","metadata":false},{"id":60815,"structure_id":12887,"section_number":"8.01-40","catch_line":"Unauthorized use of name or picture of any person; punitive damages; statute of limitations","url":"\/8.01-40\/","token":"8.01\/3\/3\/8.01-40","metadata":false},{"id":61512,"structure_id":12887,"section_number":"8.01-40.1","catch_line":"Action for injury resulting from violation of Computer Crimes Act; limitations","url":"\/8.01-40.1\/","token":"8.01\/3\/3\/8.01-40.1","metadata":false},{"id":57683,"structure_id":12887,"section_number":"8.01-40.2","catch_line":"Unsolicited transmission of advertising materials by facsimile machine","url":"\/8.01-40.2\/","token":"8.01\/3\/3\/8.01-40.2","metadata":false},{"id":55073,"structure_id":12887,"section_number":"8.01-40.3","catch_line":"Unauthorized dissemination, etc., of criminal history record information; civil action","url":"\/8.01-40.3\/","token":"8.01\/3\/3\/8.01-40.3","metadata":false},{"id":57913,"structure_id":12887,"section_number":"8.01-40.4","catch_line":"Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another","url":"\/8.01-40.4\/","token":"8.01\/3\/3\/8.01-40.4","metadata":false},{"id":62242,"structure_id":12887,"section_number":"8.01-40.5","catch_line":"Publishing or distributing material harmful to minors on the Internet","url":"\/8.01-40.5\/","token":"8.01\/3\/3\/8.01-40.5","metadata":false},{"id":75613,"structure_id":12887,"section_number":"8.01-41","catch_line":"Wrongful distraint, attachment","url":"\/8.01-41\/","token":"8.01\/3\/3\/8.01-41","metadata":false},{"id":54575,"structure_id":12887,"section_number":"8.01-42","catch_line":"Loss or injury to clothing in dyeing, dry cleaning, or laundering","url":"\/8.01-42\/","token":"8.01\/3\/3\/8.01-42","metadata":false},{"id":54010,"structure_id":12887,"section_number":"8.01-42.1","catch_line":"Civil action for racial, religious, or ethnic harassment, violence or vandalism","url":"\/8.01-42.1\/","token":"8.01\/3\/3\/8.01-42.1","metadata":false},{"id":71047,"structure_id":12887,"section_number":"8.01-42.2","catch_line":"Liability of guest for hotel damage","url":"\/8.01-42.2\/","token":"8.01\/3\/3\/8.01-42.2","metadata":false},{"id":70599,"structure_id":12887,"section_number":"8.01-42.3","catch_line":"Civil action for stalking","url":"\/8.01-42.3\/","token":"8.01\/3\/3\/8.01-42.3","metadata":false},{"id":80887,"structure_id":12887,"section_number":"8.01-42.4","catch_line":"Civil action for trafficking in persons","url":"\/8.01-42.4\/","token":"8.01\/3\/3\/8.01-42.4","metadata":false},{"id":63928,"structure_id":12887,"section_number":"8.01-42.5","catch_line":"Civil action for female genital mutilation","url":"\/8.01-42.5\/","token":"8.01\/3\/3\/8.01-42.5","metadata":false},{"id":73227,"structure_id":12887,"section_number":"8.01-42.6","catch_line":"Liability of employer for personal injury or death by wrongful act","url":"\/8.01-42.6\/","token":"8.01\/3\/3\/8.01-42.6","metadata":false},{"id":83062,"structure_id":12887,"section_number":"8.01-43","catch_line":"Action against parent for damage to public property by minor","url":"\/8.01-43\/","token":"8.01\/3\/3\/8.01-43","metadata":false},{"id":59911,"structure_id":12887,"section_number":"8.01-44","catch_line":"Action against parent for damage to private property by minor","url":"\/8.01-44\/","token":"8.01\/3\/3\/8.01-44","metadata":false},{"id":73464,"structure_id":12887,"section_number":"8.01-44.1","catch_line":"Immunity from civil liability of members of certain committees, etc","url":"\/8.01-44.1\/","token":"8.01\/3\/3\/8.01-44.1","metadata":false},{"id":72343,"structure_id":12887,"section_number":"8.01-44.2","catch_line":"Action against physician for vaccine-related injury or death","url":"\/8.01-44.2\/","token":"8.01\/3\/3\/8.01-44.2","metadata":false},{"id":78701,"structure_id":12887,"section_number":"8.01-44.3","catch_line":"Divulgence of communications by qualified interpreters and communications assistants","url":"\/8.01-44.3\/","token":"8.01\/3\/3\/8.01-44.3","metadata":false},{"id":83884,"structure_id":12887,"section_number":"8.01-44.4","catch_line":"Action for shoplifting and employee theft","url":"\/8.01-44.4\/","token":"8.01\/3\/3\/8.01-44.4","metadata":false},{"id":81010,"structure_id":12887,"section_number":"8.01-44.5","catch_line":"Punitive damages for persons injured by intoxicated drivers","url":"\/8.01-44.5\/","token":"8.01\/3\/3\/8.01-44.5","metadata":false},{"id":56974,"structure_id":12887,"section_number":"8.01-44.6","catch_line":"Action for injury to cemetery property","url":"\/8.01-44.6\/","token":"8.01\/3\/3\/8.01-44.6","metadata":false},{"id":81782,"structure_id":12887,"section_number":"8.01-44.7","catch_line":"Action for tampering with metering device and diverting service","url":"\/8.01-44.7\/","token":"8.01\/3\/3\/8.01-44.7","metadata":false}],"previous_section":{"id":56273,"structure_id":12887,"section_number":"8.01-35","catch_line":"Damages for loss of income not diminished by reimbursement","url":"\/8.01-35\/","token":"8.01\/3\/3\/8.01-35","metadata":false},"next_section":{"id":54115,"structure_id":12887,"section_number":"8.01-36","catch_line":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant","url":"\/8.01-36\/","token":"8.01\/3\/3\/8.01-36","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-35.1\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 697 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 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1980, chapter 411; in 1982, chapter 196; in 1983, chapter 181; in 1985, chapter 330; in 1989, chapter 681; in 2000, chapter 351<\/a>; in 2007, chapter 443<\/a>.<\/p>","references":false,"refers_to":[{"id":58794,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","order_by":null,"url":"\/8.01-55\/"}],"permalink":{"id":280705,"object_type":"law","relational_id":71789,"identifier":"8.01-35.1","token":"8.01\/3\/3\/8.01-35.1","url":"\/8.01-35.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-35.1\/","token":"8.01\/3\/3\/8.01-35.1","dublin_core":{"Title":"Effect of release or covenant not to sue in respect to liability and contribution","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-35.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a release or a covenant not to sue is given in good faith to one of two or more persons<\/span> liable for the same injury to a person<\/span> or property, or the same wrongful death: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> It shall not discharge any other person<\/span> from liability for the injury, property damage or wrongful death unless its terms so provide; but any amount recovered against the other person<\/span> or any one of them shall be reduced by any amount stipulated by the covenant or the release, or in the amount of the consideration paid for it, whichever is the greater. In determining the amount of consideration given for a covenant not to sue or release for a settlement<\/span> which consists in whole or in part of future payment or payments, the court<\/span> shall consider expert or other evidence<\/span> as to the present value of the settlement<\/span> consisting in whole or in part of future payment or payments. A release or covenant not to sue given pursuant to this section shall not be admitted into evidence<\/span> in the trial<\/span> of the matter but shall be considered by the court<\/span> in determining the amount for which judgment<\/span> shall be entered; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> It shall discharge the person<\/span> to whom it is given from all liability for contribution to any other person<\/span> liable for the same injury to person<\/span> or property or the same wrongful death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person<\/span> who enters into a release or covenant not to sue with a claimant is not entitled to recover by way of contribution from another person<\/span> whose liability for the injury, property damage or wrongful death is not extinguished by the release or covenant not to sue, nor in respect to any amount paid by the person<\/span> which is in excess of what was reasonable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section, a covenant not to sue shall include any “high-low<\/span>” agreement whereby a party<\/span> seeking damages<\/span> for injury to a person<\/span> or property, or for wrongful death, agrees to accept as full satisfaction for any judgment<\/span> no more than one sum certain and the party<\/span> or parties from whom the damages<\/span> are sought agree to pay no less than another sum certain regardless of whether any judgment<\/span> rendered at trial<\/span> is higher or lower than the respective sums certain set forth in the agreement and whereby such party<\/span> provides notice to all of the other parties of the terms of such “high-low<\/span>” agreement immediately after such agreement is reached. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A release or covenant not to sue given pursuant to this section shall be subject to the provisions of §§ 8.01-55<\/a> and 8.01-424<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall apply to all such covenants not to sue executed on or after July 1, 1979, and to all releases executed on or after July 1, 1980. This section shall also apply to all oral covenants not to sue and oral releases agreed to on or after July 1, 1989, provided that any cause of action<\/span> affected thereby accrues on or after July 1, 1989. A release or covenant not to sue need not be in writing where parties to a pending action state in open court<\/span> that they have agreed to enter into such release or covenant not to sue and have agreed further to subsequently memorialize the same in writing. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF RELEASE OR COVENANT NOT TO SUE IN RESPECT TO LIABILITY AND\nCONTRIBUTION (\u00a7 8.01-35.1)\n\nA. When a release or a covenant not to sue is given in good faith to one of two\nor more persons liable for the same injury to a person or property, or the same\nwrongful death:\n\n 1. It shall not discharge any other person from liability for the injury,\n property damage or wrongful death unless its terms so provide; but any amount\n recovered against the other person or any one of them shall be reduced by any\n amount stipulated by the covenant or the release, or in the amount of the\n consideration paid for it, whichever is the greater. In determining the amount\n of consideration given for a covenant not to sue or release for a settlement\n which consists in whole or in part of future payment or payments, the court\n shall consider expert or other evidence as to the present value of the\n settlement consisting in whole or in part of future payment or payments. A\n release or covenant not to sue given pursuant to this section shall not be\n admitted into evidence in the trial of the matter but shall be considered by\n the court in determining the amount for which judgment shall be entered; and\n\n 2. It shall discharge the person to whom it is given from all liability for\n contribution to any other person liable for the same injury to person or\n property or the same wrongful death.\n\nB. A person who enters into a release or covenant not to sue with a claimant is\nnot entitled to recover by way of contribution from another person whose\nliability for the injury, property damage or wrongful death is not extinguished\nby the release or covenant not to sue, nor in respect to any amount paid by the\nperson which is in excess of what was reasonable.\n\nC. For the purposes of this section, a covenant not to sue shall include any\n“high-low” agreement whereby a party seeking damages for injury to a\nperson or property, or for wrongful death, agrees to accept as full satisfaction\nfor any judgment no more than one sum certain and the party or parties from whom\nthe damages are sought agree to pay no less than another sum certain regardless\nof whether any judgment rendered at trial is higher or lower than the respective\nsums certain set forth in the agreement and whereby such party provides notice\nto all of the other parties of the terms of such “high-low”\nagreement immediately after such agreement is reached.\n\nD. A release or covenant not to sue given pursuant to this section shall be\nsubject to the provisions of §§ 8.01-55 and 8.01-424.\n\nE. This section shall apply to all such covenants not to sue executed on or\nafter July 1, 1979, and to all releases executed on or after July 1, 1980. This\nsection shall also apply to all oral covenants not to sue and oral releases\nagreed to on or after July 1, 1989, provided that any cause of action affected\nthereby accrues on or after July 1, 1989. A release or covenant not to sue need\nnot be in writing where parties to a pending action state in open court that\nthey have agreed to enter into such release or covenant not to sue and have\nagreed further to subsequently memorialize the same in writing.\n\nHISTORY: 1979, c. 697; 1980, c. 411; 1982, c. 196; 1983, c. 181; 1985, c. 330;\n1989, c. 681; 2000, c. 351; 2007, c. 443.","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}}