Chap. 214.—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
amended, the chapter creating the State Highway Commission and relating to
other matters, the section relating to contracts. [H B 297]

Approved March 23, 1946

Be it enacted by the General Assembly of Virginia:

1. That section nine of chapter four hundred three of the Acts of
the General Assembly of Virginia of nineteen hundred twenty-two, ap-
proved March twenty-fourth, nineteen hundred twenty-two, as amended,
be amended: and re-enacted, as follows:

Section 9. Every contractor whose bid is accepted shall, before
commencing work, enter into a contract with the chairman, which con-
tract 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 per-
centage 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, un-
less the same shall be brought within one year after the completion of
the work on the project to the satisfaction of the Chief Engineer, De-
partment of Highways. No claim arising from the prosecution of the
project by the contractor, 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 Rich-
mond, Virginia, 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.

The failure to file any such claim heretofore or hereafter arising
within the period herein provided shall not, however, affect any right of
action against the contractor or his surety.