CODE OF VIRGINIA

INTEREST PENALTY; EXCEPTIONS (§ 2.2-4355)

A. Interest shall accrue, at the rate determined pursuant to subsection B, on
all amounts owed by a state agency to a vendor that remain unpaid after seven
days following the payment date. However, nothing in this section shall affect
any contract providing for a different rate of interest, or for the payment of
interest in a different manner.

B. The rate of interest charged a state agency pursuant to subsection A shall be
the base rate on corporate loans (prime rate) at large United States money
center commercial banks as reported daily in the publication entitled The Wall
Street Journal. Whenever a split prime rate is published, the lower of the two
rates shall be used. However, in no event shall the rate of interest charged
exceed the rate of interest established pursuant to § 58.1-1812.

C. Notwithstanding subsection A, no interest penalty shall be charged when
payment is delayed because of disagreement between a state agency and a vendor
regarding the quantity, quality or time of delivery of goods or services or the
accuracy of any invoice received for the goods or services. The exception from
the interest penalty provided by this subsection shall apply only to that
portion of a delayed payment that is actually the subject of the disagreement
and shall apply only for the duration of the disagreement.

D. This section shall not apply to § 2.2-4333 pertaining to retainage on
construction contracts, during the period of time prior to the date the final
payment is due. Nothing contained herein shall prevent a contractor from
receiving interest on such funds under an approved escrow agreement.

E. Notwithstanding subsection A, no interest penalty shall be paid to any debtor
on any payment, or portion thereof, withheld pursuant to the Comptroller’s
Debt Setoff Program, as authorized by the Virginia Debt Collection Act (§
2.2-4800 et seq.), commencing with the date the payment is withheld. If, as a
result of an error, a payment or portion thereof is withheld, and it is
determined that at the time of setoff no debt was owed to the Commonwealth, then
interest shall accrue at the rate determined pursuant to subsection B on amounts
withheld that remain unpaid after seven days following the payment date.

HISTORY: 1984, c. 736, § 11-62.5; 1985, c. 101; 1992, c. 75; 2001, c. 844.