CHAPTER 333

An Act to amend the Code of Virginia by adding a section numbered
8-24.2, to limit the time within which certain actions for damages
arising out of the defective and unsafe condition of wmprovements
to real property may be brought.

[(S 268]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
8-24.2, 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 furnish-
ing the design, planning, supervision of construction or construction of
such improvement to real property more than five years after the perform-
ance or furnishing of such services and construction. This limitation shall
not apply to actions against any person in actual possession and control
as owner, tenant, or otherwise, of the improvement at thetime the defective
and unsafe condition of such improvement constitutes the proximate cause
of the injury or damage for which the action is brought.