CODE OF VIRGINIA

LIMITATION OF SUITS ON CONTRACTS (§ 33.2-1102)

No suit or action shall be brought against the Department by a contractor or any
persons claiming under him or on behalf of a subcontractor of the contractor or
a person furnishing materials for the contract to the contractor on any contract
executed pursuant to this article or by others on any claim arising from the
performance of the contract by the contractor, subcontractor, or person
furnishing materials to the contractor, unless the claimant has exhausted the
review process provided by § 33.2-1101. Further, no such suit or action shall
be brought unless such suit or action is brought within 12 months from receipt
of the decision of the Commissioner of Highways. In no event shall any delay
therein on the part of the contractor, subcontractor, or person furnishing
materials be construed as a reason for extending the time within which such suit
or action must be brought. In any case brought against the Department on behalf
of a subcontractor or person furnishing materials to the contractor, lack of
privity between the parties shall be no defense; however, any such case brought
on behalf of a subcontractor or person furnishing materials to the contractor
shall only be brought for costs and expenses caused by the acts or omissions of
the Department and shall not be brought for costs and expenses caused by the
contractor.

HISTORY: 1976, c. 230, § 33.1-192.1; 1982, c. 647; 1991, c. 691; 2014, c. 805.