                                 CODE OF VIRGINIA

STATUTE OF LIMITATIONS ON CONSTRUCTION CONTRACTS (§ 2.2-4340.1)

No action may be brought by a state public body on any construction contract,
including construction contracts governed by Chapter 43.1 (§ 2.2-4378 et seq.),
unless such action is brought within 15 years after completion of the contract.
For the purposes of this section, completion of the contract is the final
payment to the contractor pursuant to the terms of the contract. However, if a
final certificate of occupancy or written final acceptance of the project is
issued prior to final payment, the 15-year period to bring an action shall
commence no later than 12 months from the date of the certificate of occupancy
or written final acceptance of the project. In no case shall such action be
brought more than five years after written notice by the state public body to
the contractor of a defect or breach giving rise to the cause of action. The
state public body shall not unreasonably delay written notice to the contractor.

HISTORY: 2020, cc. 496, 497.