A Virginia Contractor's Performance Bond with Limitation of Right of Action is a type of surety bond required by the state of Virginia for contractors involved in construction projects. This bond serves as a guarantee that the contractor will perform their contractual obligations in accordance with the terms and conditions specified in the project agreement. The "Limitation of Right of Action" clause in this bond restricts the ability of third parties, such as subcontractors or suppliers, to bring a legal claim directly against the bond. Instead, the claimants are obligated to first seek recourse from the contractor. In other words, the bond provides protection primarily to the project owner or obliged, rather than to subcontractors and suppliers. There are different variations of the Virginia Contractor's Performance Bond with Limitation of Right of Action, each designed to cater to specific construction projects and parties involved. These include: 1. General Contractor's Performance Bond with Limitation of Right of Action: This type of bond is typically obtained by general contractors who oversee large construction projects. It ensures that the general contractor performs their duties as specified in the contract, protecting the project owner from any financial loss resulting from contractor's failures. 2. Subcontractor's Performance Bond with Limitation of Right of Action: Subcontractors, who are hired by general contractors to perform specific tasks or trades, may need this bond to guarantee their performance. It provides assurance to the general contractor that the subcontractor will fulfill their responsibilities, ensuring the smooth progression of the project. 3. Supplier's Performance Bond with Limitation of Right of Action: Suppliers providing materials or equipment for a construction project might require this bond. It guarantees that the supplier will deliver the agreed-upon goods in a timely manner, safeguarding the project owner or general contractor from potential delays or disruptions. 4. Performance Bond with Limited Right of Action for Public Construction Projects: While similar to the aforementioned bonds, this type is specifically tailored for public construction projects in Virginia. It ensures compliance with state laws and regulations and protects public entities from financial risk resulting from a contractor's non-performance or breach of contract. Overall, the Virginia Contractor's Performance Bond with Limitation of Right of Action is a crucial financial instrument in the construction industry. It provides protection to the project owner, general contractors, subcontractors, and suppliers, ensuring that projects are completed successfully and contractual obligations are fulfilled.
Virginia Contractor's Performance Bond with Limitation of Right of Action
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In Virginia, the answer to whether these exculpatory clauses are valid and enforceable is generally a resounding ?NO!? While important exceptions exist (your Virginia personal injury attorney can help explain them), liability waivers are generally unenforceable in Virginia.
FindLaw Newsletters Stay up-to-date with how the law affects your life Injury to PersonTwo years (Refer to §8.01-243(A).)Libel/SlanderTwo years (Refer to§8.01-243(A).)FraudTwo years (Refer to §8.01-243(A).)Injury to Personal PropertyFive years (Refer to §8.01-243(B).)6 more rows
A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.
Virginia's Statute of Repose limits all actions against design professionals, contractors, subcontractors, and suppliers to five years at the outset. Va. Code § 8.01-250. This statute establishes an arbitrary termination date for construction liability, regardless of the cause of action.
In Virginia, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be filed within five years, ing to Code of Virginia section 8.01-243, which sets this time limit for "every action for injury to property."
Performance bonds, which are secured by a contractor before the beginning of a project, provide a guarantee to the project owner that contract obligations will be fulfilled. If the contractor fails to complete work ing to the contract terms, the property owner may be financially compensated.
A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.
In Virginia, generally, the statute of limitations is two years for a personal injury and wrongful death actions.