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.
Approved March 25, 2011
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.
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
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.