The Virginia Department of General Services (DGS) is currently conducting a study of the Virginia statute of limitation exemption applicable to state contracts for construction and design services. Part of this study includes an online survey of Virginia construction industry members (including our readers) regarding their experiences with current Virginia statute of limitation law as it applies to state contracts.
Complete the survey here by the Friday, September 6 deadline. The survey will take about 15 minutes to complete and the results will be presented to the General Assembly and the Governor prior to next year’s General Assembly Session. We found it to be thought-provoking and well-prepared and encourage our readers to consider submitting a response.
Virginia’s statute of limitation applicable to written contracts (including construction and design contracts) is five years. There is an important Virginia exception to this rule, however, that provides that the five-year limitation period does not apply to the Commonwealth of Virginia. This statutory exception was recently applied by the Virginia Supreme Court to give an agency of the Commonwealth the ability to file suit against one of its contractors 14 years after substantial completion of a campus student health and fitness center.
In large part because of the case mentioned above, the 2019 General Assembly took up consideration of House Bill 1667 (and an identical bill on the Senate side) which would have created a statute of limitation on public construction projects that was equally applicable to the Commonwealth and to Virginia contractors. The House bill made some progress, where it was actually voted out of subcommittee and examined by the House Courts of Justice Committee. There the committee heard supporting testimony from the Hirschler Construction Team regarding the economically equitable impact that this bill would have on public construction in the Commonwealth. The bill was then passed out of the Courts of Justice Committee and, because the bill would have had a positive economic and fiscal impact for the Commonwealth, it was then sent to the House Appropriations Committee, where it was passed by indefinitely.
While the bill did not pass this year, advocates for the bill were able to raise awareness of the statute of limitation issue, which led to this year’s Appropriations Act requiring the DGS study and survey to be conducted. Hirschler’s Construction Team believes that this effort may set this bill up for success in 2020.
Your participation in the survey will assist the DGS collect information for presentation to the General Assembly and Governor. Thank you for your participation. If the survey raises any questions, please reach out to any member of the Hirschler Construction Team.
As president of Hirschler and head of the firm's litigation section, Courtney knows how to lead people and projects to a successful outcome.
Leveraging deep experience in the construction industry, Courtney advises public and ...
Liz combines enthusiasm and diligence to help her clients resolve complex disputes. Whether the dispute is a construction claim, a breach of contract, or a business tort, Liz brings focus and determination to every case. Liz has ...
Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely ...
Nate fully engages in each case and shoulders his clients’ needs. Communication, efficiency and careful judgment define his practice. In every case, he investigates competing claims to thoroughly understand their strengths ...
A professional engineer (P.E.) and an experienced lawyer, Webb began practicing at Hirschler Fleischer following four years of work as a consulting engineer. His multidisciplinary practice focuses on general business and ...
SubscribeSubscribe to Hirschler by Email
- Jaime Wisegarver Outlines Labor Department Guidance on Travel Time Pay in Construction Executive
- New Defense to Joint Liability Available to Contractors
- What Employers Need to Know About Virginia’s New Overtime Wage Act
- OSHA Increases Amounts of Civil Penalties for 2021
- Have Force Majeure Defenses Based on COVID-19 Been Successful This Year?
- Kelly Bundy and Liz Burneson Publish Article on Joint Employer Status in Construction Executive
- Kelly Bundy Authors Article for ABA Construction Law Forum’s “Under Construction” Series
- Miller Act Notice More Than 90 Days Before A Subcontractor’s Final Day of Work Held Untimely
- Virginia Supreme Court Allows Sub-Sub Material Supplier To Recover Directly From General Contractor For Unpaid Material
- New Virginia Law Can Make General Contractors Liable for Subcontractors' Employee Wages
- Occupational Safety and Health Act (OSHA)
- Department of Labor (DOL)
- COVID-19, Coronavirus Outbreak
- Dispute Resolution
- Little Miller Act
- Fair Labor Standards Act
- Lien Waivers
- Government Contracts
- Miller Act
- Workforce Development
- Mechanic's Liens
- Department of Professional and Occupational Regulation (DPOR)
- Force Majeure
- Joint Checks
- Unjust Enrichment
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
- Change Orders
- June 2021
- April 2021
- January 2021
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- November 2019
- August 2019
- June 2019
- April 2019
- February 2019
- January 2019
- December 2018
- October 2018
- September 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016