As to such portion of the claim as is denied by the Commissioner of Highways, the contractor may institute a civil action for such sum as he claims to be entitled to under the contract for himself or for his subcontractors or for persons furnishing materials for the contract by the filing of a petition in the Circuit Court of the City of Richmond or where the highway project that is the subject of the contract is located. Any civil action brought on behalf of a subcontractor or person furnishing materials for the contract shall only be brought for costs and expenses caused by the acts or omissions of the Department and shall not be brought for costs and expenses caused by the contractor. Trial shall be by the court without a jury. The submission of the claim to the Department within the time and as set out in § 33.2-1101 shall be a condition precedent to bringing an action under this article and the Department shall be allowed to assert any and all defenses in a case brought by or on behalf of the subcontractor or a person furnishing materials to the contractor which are available to the contractor.
1976, c. 230, § 33.1-387; 1982, c. 320; 1991, c. 691; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 11 - Highway Construction Contracts and Suits; Highway Contractors' Association
§ 33.2-1100. Highway construction contracts
§ 33.2-1102. Limitation of suits on contracts
§ 33.2-1104. Application of article; existing contracts
§ 33.2-1105. Provisions of article deemed part of contract
§ 33.2-1107. Statements to be furnished
§ 33.2-1108. Papers, accounts, and records open to examination by certain officers
§ 33.2-1109. Effect of refusal to permit or withholding from examination of papers, etc.
§ 33.2-1110. Effect of using certain methods or engaging in certain activities
§ 33.2-1111. Certificate to be filed with bid for highway or bridge construction, etc.