(a) Except as otherwise provided in subsection (b), an action for breach ofcontract must be commenced within the later of four years after the right ofaction accrues or one year after the breach was or should have beendiscovered, but not later than five years after the right of action accrues.
(b) If the original agreement of the parties alters the period oflimitations, the following rules apply:
(1) The parties may reduce the period of limitation to not less than one yearafter the right of action accrues but may not extend it.
(2) In a consumer contract, the period of limitation may not be reduced.
(c) Except as otherwise provided in subsection (d), a right of action accrueswhen the act or omission constituting a breach of contract occurs, even ifthe aggrieved party did not know of the breach. A right of action for breachof warranty accrues when tender of delivery of a copy pursuant to §59.1-506.6, or access to the information, occurs. However, if the warrantyexpressly extends to future performance of the information or a copy, theright of action accrues when the performance fails to conform to thewarranty, but not later than the date the warranty expires.
(d) In the following cases, a right of action accrues on the later of thedate the act or omission constituting the breach of contract occurred or thedate on which it was or should have been discovered by the aggrieved party,but not earlier than the date for delivery of a copy if the claim relates toinformation in the copy:
(1) a breach of warranty against third-party claims for:
(A) infringement or misappropriation; or
(B) libel, slander, or the like;
(2) a breach of contract involving a party's disclosure or misuse ofconfidential information; or
(3) a failure to provide an indemnity or to perform another obligation toprotect or defend against a third-party claim.
(e) If an action commenced within the period of limitation is so concluded asto leave available a remedy by another action for the same breach ofcontract, the other action may be commenced after expiration of the period oflimitation if the action is commenced within six months after conclusion ofthe first action, unless the action was concluded as a result of voluntarydiscontinuance or dismissal for failure or neglect to prosecute.
(f) This section does not alter the law on tolling of the statute oflimitations and does not apply to a right of action that accrued before theeffective date of this chapter.
(a) Except as otherwise provided in subsection (b), an action for breach ofcontract must be commenced within the later of four years after the right ofaction accrues or one year after the breach was or should have beendiscovered, but not later than five years after the right of action accrues.
(b) If the original agreement of the parties alters the period oflimitations, the following rules apply:
(1) The parties may reduce the period of limitation to not less than one yearafter the right of action accrues but may not extend it.
(2) In a consumer contract, the period of limitation may not be reduced.
(c) Except as otherwise provided in subsection (d), a right of action accrueswhen the act or omission constituting a breach of contract occurs, even ifthe aggrieved party did not know of the breach. A right of action for breachof warranty accrues when tender of delivery of a copy pursuant to §59.1-506.6, or access to the information, occurs. However, if the warrantyexpressly extends to future performance of the information or a copy, theright of action accrues when the performance fails to conform to thewarranty, but not later than the date the warranty expires.
(d) In the following cases, a right of action accrues on the later of thedate the act or omission constituting the breach of contract occurred or thedate on which it was or should have been discovered by the aggrieved party,but not earlier than the date for delivery of a copy if the claim relates toinformation in the copy:
(1) a breach of warranty against third-party claims for:
(A) infringement or misappropriation; or
(B) libel, slander, or the like;
(2) a breach of contract involving a party's disclosure or misuse ofconfidential information; or
(3) a failure to provide an indemnity or to perform another obligation toprotect or defend against a third-party claim.
(e) If an action commenced within the period of limitation is so concluded asto leave available a remedy by another action for the same breach ofcontract, the other action may be commenced after expiration of the period oflimitation if the action is commenced within six months after conclusion ofthe first action, unless the action was concluded as a result of voluntarydiscontinuance or dismissal for failure or neglect to prosecute.
(f) This section does not alter the law on tolling of the statute oflimitations and does not apply to a right of action that accrued before theeffective date of this chapter.
(a) Except as otherwise provided in subsection (b), an action for breach ofcontract must be commenced within the later of four years after the right ofaction accrues or one year after the breach was or should have beendiscovered, but not later than five years after the right of action accrues.
(b) If the original agreement of the parties alters the period oflimitations, the following rules apply:
(1) The parties may reduce the period of limitation to not less than one yearafter the right of action accrues but may not extend it.
(2) In a consumer contract, the period of limitation may not be reduced.
(c) Except as otherwise provided in subsection (d), a right of action accrueswhen the act or omission constituting a breach of contract occurs, even ifthe aggrieved party did not know of the breach. A right of action for breachof warranty accrues when tender of delivery of a copy pursuant to §59.1-506.6, or access to the information, occurs. However, if the warrantyexpressly extends to future performance of the information or a copy, theright of action accrues when the performance fails to conform to thewarranty, but not later than the date the warranty expires.
(d) In the following cases, a right of action accrues on the later of thedate the act or omission constituting the breach of contract occurred or thedate on which it was or should have been discovered by the aggrieved party,but not earlier than the date for delivery of a copy if the claim relates toinformation in the copy:
(1) a breach of warranty against third-party claims for:
(A) infringement or misappropriation; or
(B) libel, slander, or the like;
(2) a breach of contract involving a party's disclosure or misuse ofconfidential information; or
(3) a failure to provide an indemnity or to perform another obligation toprotect or defend against a third-party claim.
(e) If an action commenced within the period of limitation is so concluded asto leave available a remedy by another action for the same breach ofcontract, the other action may be commenced after expiration of the period oflimitation if the action is commenced within six months after conclusion ofthe first action, unless the action was concluded as a result of voluntarydiscontinuance or dismissal for failure or neglect to prosecute.
(f) This section does not alter the law on tolling of the statute oflimitations and does not apply to a right of action that accrued before theeffective date of this chapter.
