The Virginia Senate Judiciary Committee, in a rare showing of bipartisan support, voted unanimously 13-0 on Wednesday night (February 5, 2020) to advance the new “state contract statute of limitations” bill to the Senate Finance Committee for further review and approval. This follows unanimous (and bipartisan) approval of a substantially similar companion bill on Monday afternoon (February 3, 2020) by the House of Delegates Courts of Justice Civil Subcommittee. The House bill will also go to the House Finance Committee for review and approval.
The Senate bill, which is substantially similar to the companion House bill, would impose on the Commonwealth a fifteen-year limitations period in which to bring lawsuits against contractors and design professionals on state projects. (Current state law imposes absolutely no limitations period on the Commonwealth, so that in theory the state could bring a lawsuit fifty or even one hundred years after completion of work – it’s good to be the King!)
The proposed new statute would retain the five-year limitation period on lawsuits against performance sureties and adds: (1) a five-year limitation period on the Commonwealth following discovery and written notice by the Commonwealth of a design or construction defect (in the case of latent, undiscovered defects the 15-year period would apply), and (2) the ability of general contractors and design professionals to pass down the same 15-year limitation period to subcontractors and subconsultants, thus remedying the problem presented by the Hensel Phelps and Radiance Capital cases.
The Hirschler Construction Team supported both the House and Senate bills in the General Assembly and we expect the new statute to be signed by the Governor and to become law on July 1, 2020.
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
- Kelly Bundy and Liz Burneson Discuss Tips for Subcontractors faced with Pay-if-Paid Provisions in Contractor Magazine
- General Assembly Has Killed Right to Work Repeal Bills
- Virginia Statute of Limitations Bill Advances Through General Assembly
- House Subcommittee Passes Bill Establishing Limitations Period Against The Commonwealth
- Are You a Joint Employer? The DOL’s New Test Helps Answer That Question
- Virginia Department of General Services Issues Final report on Statute of Limitations Exemption for State Construction Contracts
- Right to Work Laws and What a Potential Repeal Could Mean
- Construction Year in Review: 2019 Trends and What to Expect in 2020
- Department of General Services Conducts “Town Hall” on Statute of Limitations Bill
- New Virginia Supreme Court Case Refocuses Attention on Commonwealth's Immunity from Statutes of Limitation
- Workforce Development
- Dispute Resolution
- Government Contracts
- Little Miller Act
- Miller Act
- Mechanic's Liens
- Occupational Safety and Health Act (OSHA)
- Department of Professional and Occupational Regulation (DPOR)
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
- Change Orders
- 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