33.1-387 - Civil action. - Virginia Statutes

§ 33.1-387. Civil action.

As to such portion of the claim as is denied by the CommonwealthTransportation Commissioner, the contractor may institute a civil action forsuch sum as he claims to be entitled to under the contract for himself or forhis subcontractors or for persons furnishing materials for the contract bythe filing of a petition in the Circuit Court of the City of Richmond orwhere the highway project which is the subject of the contract is located.Any civil action brought on behalf of a subcontractor or person furnishingmaterials for the contract shall only be brought for costs and expensescaused by the acts or omissions of the Department of Transportation and shallnot be brought for costs and expenses caused by the contractor. Trial shallbe by the court without a jury. The submission of the claim to the Departmentof Transportation within the time and as set out in § 33.1-386 shall be acondition precedent to bringing an action under this chapter and theDepartment of Transportation shall be allowed to assert any and all defensesin a case brought by or on behalf of the subcontractor or a person furnishingmaterials to the contractor which are available to the contractor.

(1976, c. 230; 1982, c. 320; 1991, c. 691.)