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2011 SESSION

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SB 1424 Virginia Public Procurement Act; action against contractor's payment bond.

Introduced by: Mamie E. Locke | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Virginia Public Procurement Act; action against contractor's payment.  Provides that any claimant with a direct contractual relationship with any subcontractor but who has no contractual relationship with the contractor, may bring an action on the contractor's payment bond only if he has given written notice to the contractor within 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.  Currently the time for providing the notice is 180 days.

SUMMARY AS INTRODUCED:

Virginia Public Procurement Act; action against contractor's payment.  Provides that a claimant who has a direct contractual relationship with any subcontractor but no contractual relationship with the contractor may bring an action on the contractor's payment bond if the claimant (i) provided written notice to the contractor before performing any labor or furnishing any materials or within 45 days of performing any labor or furnishing any materials that the claimant will take action against the contractor's bond in the event of nonpayment and (ii) provides written notice to the contractor and the surety company of nonpayment no later than 90 days after the last day on which the claimant performed labor or furnished materials for which he claims payment. Currently, such claimant is required to provide written notice to the contractor within 180 days from the last day on which the claimant performed labor or furnished materials for which payment is claimed.