33.1-191 - Contracts. - Virginia Statutes

§ 33.1-191. Contracts.

A. Every contractor whose bid is accepted shall, before commencing work,enter into a contract with the Commonwealth Transportation Commissioner,which shall fully set out the time when work shall commence and when thecontract shall be completed, as well as the time and manner for the paymentfor the work. Whenever the Commissioner or his designee publicly opens andannounces all bids received for each invitation to bid, it shall be announcedat the same time if the lowest read bid exceeds the maximum tolerance of theDepartment's estimate for the work represented by that bid.

B. The contract shall require that the contractor comply with allrequirements, conditions, and terms of the contract, including but notlimited to environmental permits that are part of the contract. If thecontractor violates a contract provision and the violation results inenvironmental damage or if the contractor violates environmental laws orenvironmental permits, the Department may suspend the contractor from futurebidding or initiate debarment. In addition, the Department may recover either(i) the loss or damage that the Department suffers as a result of suchviolation or (ii) any liquidated damages established in such contract plus(iii) reasonable attorney's fees and expert witness fees. Any damages andcosts collected under this section shall be deposited into the TransportationTrust Fund and used for transportation purposes as determined by theCommonwealth Transportation Board.

(Code 1950, § 33-105; 1958, c. 573; 1970, c. 322; 1999, c. 405; 2001, cc.418, 432; 2002, c. 303.)