2006 Code of Virginia § 8.01-262.1 - Place for bringing action under a contract related to construction

8.01-262.1. Place for bringing action under a contract related toconstruction.

A. Where a party whose principal place of business is in the Commonwealthenters into a contract on or after July 1, 1997, to design, manageconstruction of, construct, alter, repair, maintain, move, demolish, orexcavate, or supply goods, equipment, or materials for the construction,alteration, repair, maintenance, movement, demolition, or excavation of abuilding, structure, appurtenance, road, bridge, or tunnel which isphysically located in the Commonwealth, any cause of action arising undersuch contract may be brought in the jurisdiction where the constructionproject is located, or such other jurisdiction where the venue is properunder the provisions of this chapter. Any provision in the contract mandatingthat such action be brought in a location outside the Commonwealth shall beunenforceable.

B. The forum for any arbitration proceedings required in such a contractentered into on or after July 1, 1991, shall be in this Commonwealth. If thecontract provides for arbitration proceedings outside the Commonwealth, suchprovision is unenforceable and arbitration proceedings shall be in the countyor city where the work is to be performed, unless the parties agree toconduct the proceedings elsewhere within the Commonwealth. The enforceabilityof the remaining provisions of the arbitration agreement and the method ofselecting a forum for the conduct of the arbitration proceedings are asprovided in this Code, the Federal Arbitration Act, and any applicable rulesof arbitration.

(1991, c. 489; 1997, c. 424; 1999, c. 130.)

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