8.01-250 - Limitation on certain actions for damages arising out of defective or unsafe condition of improvements to real property. - Virginia Statutes

§ 8.01-250. Limitation on certain actions for damages arising out ofdefective or unsafe condition of improvements to real property.

No action to recover for any injury to property, real or personal, or forbodily injury or wrongful death, arising out of the defective and unsafecondition of an improvement to real property, nor any action for contributionor indemnity for damages sustained as a result of such injury, shall bebrought against any person performing or furnishing the design, planning,surveying, supervision of construction, or construction of such improvementto real property more than five years after the performance or furnishing ofsuch services and construction.

The limitation prescribed in this section shall not apply to the manufactureror supplier of any equipment or machinery or other articles installed in astructure upon real property, nor to any person in actual possession and incontrol of the improvement as owner, tenant or otherwise at the time thedefective or unsafe condition of such improvement constitutes the proximatecause of the injury or damage for which the action is brought; rather eachsuch action shall be brought within the time next after such injury occurs asprovided in §§ 8.01-243 and 8.01-246.

(Code 1950, § 8-24.2; 1964, c. 333; 1968, c. 103; 1973, c. 247; 1977, c. 617.)