33.1-192.1 - Limitation of suits on contracts executed after June 30, 1976. - Virginia Statutes

§ 33.1-192.1. Limitation of suits on contracts executed after June 30, 1976.

No suit or action shall be brought against the Department of Transportationby a contractor or any persons claiming under him or on behalf of asubcontractor of the contractor or a person furnishing materials for thecontract to the contractor, on any contract executed pursuant to thischapter, after June 30, 1976, or by others on any claim arising from theperformance of the contract by the contractor, subcontractor or personfurnishing materials to the contractor, unless the claimant shall haveexhausted the review process provided by § 33.1-386. Further, no such actionshall be brought unless the same shall be brought within twelve months fromreceipt of the decision of the Commissioner of the Department ofTransportation. In no event shall any delay therein on the part of thecontractor, subcontractor or person furnishing materials be construed as areason for extending the time within which such suit or action must bebrought. In any case brought against the Department of Transportation onbehalf of a subcontractor or person furnishing materials to the contractor,lack of privity between the parties shall be no defense; however, any suchcase brought on behalf of a subcontractor or person furnishing materials tothe contractor shall only be brought for costs and expenses caused by theacts or omissions of the Department of Transportation and shall not bebrought for costs and expenses caused by the contractor.

Section 33.1-192 shall continue in force as to contracts entered into priorto July 1, 1976, or claims arising therefrom.

(1976, c. 230; 1982, c. 647; 1991, c. 691.)