VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 2.2-4341 of the Code of Virginia,
relating to Virginia Public Procurement Act; action against contractor's
payment bond.
[S 1424]
Approved
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-4341 of the Code of Virginia is amended
and reenacted as follows:
§ 2.2-4341. Actions on payment bonds; waiver of right to sue.
A. Subject to the provisions of subsection B, any Any
claimant who has a direct contractual relationship with the contractor
and who has performed labor or furnished material in accordance with the contract
documents in furtherance of the work provided in any contract for which a
payment bond has been given, and who has not been paid in full before the
expiration of 90 days after the day on which the claimant performed the last of
the labor or furnished the last of the materials for which he claims payment,
may bring an action on the payment bond to recover any amount due him for the
labor or material. The obligee named in the bond need not be named a party to
the action.
B. Any claimant who has a direct contractual relationship with
any subcontractor but who has no contractual relationship, express or implied,
with the contractor, may bring an action on the contractor's payment bond only
if he has given written notice to the contractor within 180 90 days
from the day on which the claimant performed the last of the labor or furnished
the last of the materials for which he claims payment, stating with substantial
accuracy the amount claimed and the name of the person for whom the work was
performed or to whom the material was furnished. Notice to the contractor shall
be served by registered or certified mail, postage prepaid, in an envelope
addressed to such contractor at any place where his office is regularly
maintained for the transaction of business. Claims for sums withheld as
retainages with respect to labor performed or materials furnished, shall not be
subject to the time limitations stated in this subsection.
C. Any action on a payment bond shall be brought within one
year after the day on which the person bringing such action last performed
labor or last furnished or supplied materials.
D. Any waiver of the right to sue on the payment bond required
by this section shall be void unless it is in writing, signed by the person
whose right is waived, and executed after such person has performed labor or
furnished material in accordance with the contract documents.
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