Chap. 128.—An ACT to amend and re-enact Section 9 of Chapter 403 of the
Acts of the General Assembly of Virginia of 1922, Approved March 24,
1922, as heretofore amended, the said chapter being an act to create a
State Highway Commission and for other purposes, said section a kL
to contracts. [S B 111]

Approved March 12, 1938

1. Be it enacted by the General Assembly of Virginia:

That section nine of Chapter four hundred and three of the Acts
of the General Assembly of Virginia of nineteen hundred and twenty-
two, approved March twenty-fourth, nineteen hundred and twenty-
two, as heretofore amended, the said chapter being an act to create a
State Highway Commission and for other purposes, be amended and
re-enacted so as to read as follows:

Section 9. Every contractor whose bid is accepted shall, before
commencing work, enter into a contract with the chairman, which
contract shall fully set out the time when work shall commence and
when the contract shall be completed, as well as the time and ‘manner
for the payment for the work, and the chairman shall require that
a fixed percentage of the contract price, or a certain fixed sum, shall
not be paid to the contractor until after the expiration of some certain
date, to be fixed by the chairman, from the completion of the work
and the acceptance thereof.

No suit or action shall be brought against the Department of High-

ways, Commonwealth of Virginia, by any contractor or any persons
claiming under him, on any contract executed pursuant to this act,
unless the same shall be brought within one year after the completion
of the work on the project to the satisfaction of the Chief Engineer,
Department of Highways.
’ No claim arising from the prosecution of the project by the con-
tractor, shall be maintained against the Commonwealth of Virginia,
the contractor, and/or his surety, unless such claim shall have been
filed at the office of the Department of Highways, at Richmond, Vir-
ginia, within ninety days after the completion of the work thereunder
to the satisfaction of the said Chief Engineer. Suit or action must
be brought thereon within one year after such completion of the work
on the project, and not thereafter.