                                 CODE OF VIRGINIA

HIGHWAY CONSTRUCTION CONTRACTS (§ 33.2-1100)

A. Every contractor whose bid is accepted shall, before commencing work, enter
into a contract with the Commissioner of Highways that shall fully set out the
time when work shall commence and when the contract shall be completed as well
as the time and manner for the payment for the work. Whenever the Commissioner
of Highways or his designee publicly opens and announces all bids received for
each invitation to bid, it shall be announced at the same time if the lowest
read bid exceeds the maximum tolerance of the Department&#8217;s estimate for
the work represented by that bid.

B. The contract shall require that the contractor comply with all requirements,
conditions, and terms of the contract, including environmental permits that are
part of the contract. If the contractor violates a contract provision and the
violation results in environmental damage or if the contractor violates
environmental laws or environmental permits, the Department may suspend the
contractor from future bidding or initiate debarment. In addition, the
Department may recover either (i) the loss or damage that the Department suffers
as a result of such violation or (ii) any liquidated damages established in such
contract plus (iii) reasonable attorney fees and expert witness fees. Any
damages and costs collected under this section shall be deposited into the
Transportation Trust Fund and used for transportation purposes as determined by
the Board.

HISTORY: Code 1950, § 33-105; 1958, c. 573; 1970, c. 322, § 33.1-191; 1999, c.
405; 2001, cc. 418, 432; 2002, c. 303; 2014, c. 805.