                                 CODE OF VIRGINIA

EFFECT OF PROMISES NOT TO PLEAD STATUTE OF LIMITATIONS (§ 8.01-232)

A. 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.

B. 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
&#xA7; 64.2-1415 in any case in which but for such acknowledgment or promise,
the decedent&#8217;s estate could have been protected under a statute of
limitations.

C. 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.

D. 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 (&#xA7; 2.2-4300 et seq.) or 43.1 (&#xA7; 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, &#8220;subcontract&#8221; 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.

HISTORY: Code 1950, §§ 8-27, 8-28; 1977, c. 617; 2006, c. 278; 2020, cc. 496,
497; 2022, c. 477.