HB 1300

Abstract

Virginia Public Procurement Act; statute of limitations on performance bonds; statute of limitations on construction contracts and architectural and engineering contracts. Provides that an action against the surety on a performance bond shall be brought within five years after the completion of the contract. The bill further provides that the statute of limitations on construction contracts and architectural and engineering contracts is 15 years after completion of the contract. The bill specifies that completion of the contract is the final payment to the contractor pursuant to the terms of the contract, but that if a final certificate of occupancy or written final acceptance of the project is issued prior to final payment, the period to bring an action shall commence no later than 12 months from the date of the certificate of occupancy or written final acceptance of the project. This bill incorporates HB 847 and is identical to SB 607.

Virginia Public Procurement Act; statute oflimitations on actions on construction contracts; statute of limitationson actions on performance bonds. Provides that no action maybe brought by a public body on any construction, architectural, orengineering contract, including construction management and design-buildcontracts, unless such action is brought within five years aftercompletion of the work on the project, and provides that no action may be brought by a public body on a warranty or guaranty in suchconstruction contract more than one year from the breach of thatwarranty, but in no event more than one year after the expirationof such warranty or guaranty. The bill also limits the time frameduring which a public body may bring an action against a surety ona performance bond to within one year after completion of the workon the project. Current law allows a public body, other than theDepartment of Transportation, to bring such an action within oneyear after (i) completion of the contract, including the expiration of all warranties and guaranties, or (ii) discovery of the defector breach of warranty that gave rise to the action. The bill contains technical amendments.