§ 2.2-4341. Actions on payment bonds; waiver of right to sue.
A. Subject to the provisions of subsection B, any claimant who has performedlabor or furnished material in accordance with the contract documents infurtherance of the work provided in any contract for which a payment bond hasbeen given, and who has not been paid in full before the expiration of 90days after the day on which the claimant performed the last of the labor orfurnished the last of the materials for which he claims payment, may bring anaction on the payment bond to recover any amount due him for the labor ormaterial. The obligee named in the bond need not be named a party to theaction.
B. Any claimant who has a direct contractual relationship with anysubcontractor but who has no contractual relationship, express or implied,with the contractor, may bring an action on the contractor's payment bondonly if he has given written notice to the contractor within 180 days fromthe day on which the claimant performed the last of the labor or furnishedthe last of the materials for which he claims payment, stating withsubstantial accuracy the amount claimed and the name of the person for whomthe work was performed or to whom the material was furnished. Notice to thecontractor shall be served by registered or certified mail, postage prepaid,in an envelope addressed to such contractor at any place where his office isregularly maintained for the transaction of business. Claims for sumswithheld as retainages with respect to labor performed or materialsfurnished, shall not be subject to the time limitations stated in thissubsection.
C. Any action on a payment bond shall be brought within one year after theday on which the person bringing such action last performed labor or lastfurnished or supplied materials.
D. Any waiver of the right to sue on the payment bond required by thissection shall be void unless it is in writing, signed by the person whoseright is waived, and executed after such person has performed labor orfurnished material in accordance with the contract documents.
(1982, c. 647, § 11-60; 2001, cc. 412, 844; 2003, c. 255.)
§ 2.2-4341. Actions on payment bonds; waiver of right to sue.
A. Subject to the provisions of subsection B, any claimant who has performedlabor or furnished material in accordance with the contract documents infurtherance of the work provided in any contract for which a payment bond hasbeen given, and who has not been paid in full before the expiration of 90days after the day on which the claimant performed the last of the labor orfurnished the last of the materials for which he claims payment, may bring anaction on the payment bond to recover any amount due him for the labor ormaterial. The obligee named in the bond need not be named a party to theaction.
B. Any claimant who has a direct contractual relationship with anysubcontractor but who has no contractual relationship, express or implied,with the contractor, may bring an action on the contractor's payment bondonly if he has given written notice to the contractor within 180 days fromthe day on which the claimant performed the last of the labor or furnishedthe last of the materials for which he claims payment, stating withsubstantial accuracy the amount claimed and the name of the person for whomthe work was performed or to whom the material was furnished. Notice to thecontractor shall be served by registered or certified mail, postage prepaid,in an envelope addressed to such contractor at any place where his office isregularly maintained for the transaction of business. Claims for sumswithheld as retainages with respect to labor performed or materialsfurnished, shall not be subject to the time limitations stated in thissubsection.
C. Any action on a payment bond shall be brought within one year after theday on which the person bringing such action last performed labor or lastfurnished or supplied materials.
D. Any waiver of the right to sue on the payment bond required by thissection shall be void unless it is in writing, signed by the person whoseright is waived, and executed after such person has performed labor orfurnished material in accordance with the contract documents.
(1982, c. 647, § 11-60; 2001, cc. 412, 844; 2003, c. 255.)
§ 2.2-4341. Actions on payment bonds; waiver of right to sue.
A. Subject to the provisions of subsection B, any claimant who has performedlabor or furnished material in accordance with the contract documents infurtherance of the work provided in any contract for which a payment bond hasbeen given, and who has not been paid in full before the expiration of 90days after the day on which the claimant performed the last of the labor orfurnished the last of the materials for which he claims payment, may bring anaction on the payment bond to recover any amount due him for the labor ormaterial. The obligee named in the bond need not be named a party to theaction.
B. Any claimant who has a direct contractual relationship with anysubcontractor but who has no contractual relationship, express or implied,with the contractor, may bring an action on the contractor's payment bondonly if he has given written notice to the contractor within 180 days fromthe day on which the claimant performed the last of the labor or furnishedthe last of the materials for which he claims payment, stating withsubstantial accuracy the amount claimed and the name of the person for whomthe work was performed or to whom the material was furnished. Notice to thecontractor shall be served by registered or certified mail, postage prepaid,in an envelope addressed to such contractor at any place where his office isregularly maintained for the transaction of business. Claims for sumswithheld as retainages with respect to labor performed or materialsfurnished, shall not be subject to the time limitations stated in thissubsection.
C. Any action on a payment bond shall be brought within one year after theday on which the person bringing such action last performed labor or lastfurnished or supplied materials.
D. Any waiver of the right to sue on the payment bond required by thissection shall be void unless it is in writing, signed by the person whoseright is waived, and executed after such person has performed labor orfurnished material in accordance with the contract documents.
(1982, c. 647, § 11-60; 2001, cc. 412, 844; 2003, c. 255.)
