Virginia Public Procurement Act; statute of limitations on actions on construction contracts, etc. (HB1667)
Introduced By
Del. Terry Kilgore (R-Gate City) with support from co-patron Del. Steve Landes (R-Weyers Cave)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds. Provides that no action may be brought by a public body on any construction contract, including construction management and design-build contracts, unless such action is brought within five years after substantial completion of the work on the project and that no action may be brought by a public body on a warranty or guarantee in such construction contract more than one year from the breach of that warranty, but in no event more than one year after the expiration of such warranty or guarantee. The bill also limits the time frame during which a public body, other than the Department of Transportation, may bring an action against a surety on a performance bond to within one year after substantial completion of the work on the project. Current law allows a public body, other than the Department of Transportation, to bring such an action within one year after (i) completion of the contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty that gave rise to the action. Amends § 2.2-4340, § 2.2-4343, of the Code of Virginia. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 12/03/2018 | Prefiled and ordered printed; offered 01/09/19 19101460D |
| 12/03/2018 | Committee |
| 12/03/2018 | Referred to Committee for Courts of Justice |
| 01/07/2019 | Assigned Courts sub: Subcommittee #2 |
| 01/11/2019 | Impact statement from DPB (HB1667) |
| 01/11/2019 | Subcommittee recommends reporting (5-Y 1-N) |
| 01/25/2019 | Impact statement from DHCD/CLG (HB1667) |
| 01/25/2019 | Impact statement from DPB (HB1667) |
| 01/30/2019 | House committee, floor amendments and substitutes offered |
| 01/30/2019 | Subcommittee recommends reporting with substitute (6-Y 1-N) |
| 01/30/2019 | Reported from Courts of Justice with substitute (11-Y 6-N) (see vote tally) |
| 01/30/2019 | Referred to Committee on Appropriations |
| 01/30/2019 | Committee substitute printed 19106014D-H1 |
| 01/31/2019 | Assigned App. sub: General Government & Capital Outlay |
| 02/01/2019 | Impact statement from DPB (HB1667H1) |
| 02/05/2019 | Left in Appropriations |
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