CHAPTER 103

An Act to amend and reenact § 8-24.2 of the Code of Virginia, relating
to certain actions for damages arising out of defective or unsafe
condition of improvements to real property. tH ,

312

Approved March 2, 1968

Be it enacted by the General Assembly of Virginia:
1. That § 8-24.2 of the Code of Virginia be amended and reenacted
as follows:

§ 8-24.2. No action to recover damages for any injury to property,
real or personal, or for bodily injury or wrongful death, arising out of
the defective and unsafe condition of an improvement to real property,
nor any action for contribution or indemnity for damages sustained as
a result of said injury, shall be brought against any person performing
or furnishing the design, planning, surveying, supervision of construction
or construction of such improvement to real property more than five
years after the performance or furnishing of such services and construc-
tion. This limitation shall not apply to actions against any person in actual
possession and control as owner, tenant, or otherwise, of the improvement
at the time the defective and unsafe condition of such improvement con-
ie nan oe proximate cause of the injury or damage for which the action
is brought