CHAPTER 573

AN ACT to amend and reenact §§ 33-101, 33-105 and 33-106 of the Code of
Virginia, and to repeal § 33-107 of the Code of Virginia, as amended,
all relating to highway contracts. ($171

]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That §§ 38-101, 33-105 and 33-106 of the Code of Virginia be amended
and reenacted as follows: .

§ 33-101. Successful bidder; bond.—The contract shall be let to the
lowest responsible bidder for the particular work covered in the bid and
the successful bidder shall enter into a bond, payable to the Common-
wealth of Virginia, in the sum of * one hundred per centum of the
estimated cost of the work, which bond must be approved by the State
Highway Commissioner and conditioned upon the faithful performance
of the work in strict conformity with the plans and specifications for the
same. The bond shall be kept on file in the office of the Commission.

§ 83-105. Contracts.—Every contractor whose bid is accepted shall,
before commencing work, enter into a contract with the State Highway
Commissioner, which shall fully set out the time when work shall com-
mence and when the contract shall be completed, as well as the time and
manner for the payment for the work.*

§ 33-106. Limitation of suits on such contracts.—No suit or action
shall be brought against the Department of Highways, Commonwealth
of Virginia, by any contractor or any persons claiming under him, on any
contract executed pursuant to this chapter or by others on any claim
arising from the prosecution of the project by the contractor, 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 suit or action shall be brought against the contractor or surety on
any such contract or claim unless the same shall be brought within five
years after the completion of the work on the project to the satisfaction of
the chief engineer, Department of Highways.

2. § 33-107 of the Code of Virginia, as amended, is hereby repealed.