59.1-508.10 - Recoupment. - Virginia Statutes

§ 59.1-508.10. Recoupment.

(a) Except as otherwise provided in subsection (b), an aggrieved party, uponnotifying the party in breach of contract of its intention to do so, maydeduct all or any part of the damages resulting from the breach from anypayments still due under the same contract.

(b) If a breach of contract is not material with reference to the particularperformance, an aggrieved party may exercise its rights under subsection (a)only if the agreement does not require further affirmative performance by theother party and the amount of damages deducted can be readily liquidatedunder the agreement.

(2000, cc. 101, 996.)