2014 Virginia Code
Title 33.1 - Highways, Bridges and Ferries
§ 33.1-192.1. (Repealed effective October 1, 2014) Limitation of suits on contracts executed after June 30, 1976

No suit or action shall be brought against the Department of Transportation by a contractor or any persons claiming under him or on behalf of a subcontractor of the contractor or a person furnishing materials for the contract to the contractor, on any contract executed pursuant to this chapter, after June 30, 1976, or by others on any claim arising from the performance of the contract by the contractor, subcontractor or person furnishing materials to the contractor, unless the claimant shall have exhausted the review process provided by § 33.1-386. Further, no such action shall be brought unless the same shall be brought within twelve months from receipt of the decision of the Commissioner of the Department of Transportation. In no event shall any delay therein on the part of the contractor, subcontractor or person furnishing materials be construed as a reason for extending the time within which such suit or action must be brought. In any case brought against the Department of Transportation on behalf of a subcontractor or person furnishing materials to the contractor, lack of privity between the parties shall be no defense; however, any such case brought on behalf of a subcontractor or person furnishing materials to the contractor shall only be brought for costs and expenses caused by the acts or omissions of the Department of Transportation and shall not be brought for costs and expenses caused by the contractor.

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

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