40 KiB
40 KiB
| 1 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-1 | Certain contracts void as to creditors and purchasers unless in writing; law governing validity of contracts creating security interests. | <p>Every contract, not in writing, made in respect to real estate or goods and chattels in consideration of marriage, or made for the conveyance or sale of real estate, or a term therein of more than five years, and, except as otherwise provided in § <a href='http://law.lis.virginia.gov/vacode/8.2-402/'>8.2-402</a> of the Uniform Commercial Code, every bill of sale or contract for the sale of goods and chattels when the possession is allowed to remain with the seller, shall be void, both at law and in equity, as to purchasers for value and without notice and creditors; provided, however, that if any such contract or bill of sale as is mentioned in this section creates a security interest as defined in the Uniform Commercial Code, its validity and enforceability shall be governed by the provisions of that Code.</p><p>Code 1919, § 5192; 1964, c. 314; 1966, c. 397.</p> | ||||||||
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| 2 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-2 | When written evidence required to maintain action. | <p>Unless a promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, is in writing and signed by the party to be charged or his agent, no action shall be brought in any of the following cases:</p><p>1. To charge any person upon or by reason of a representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, to the intent or purpose that such other may obtain thereby, credit, money, or goods;</p><p>2. To charge any person upon a promise made after attaining the age of majority, to pay a debt contracted during infancy, or upon a ratification after attaining the age of majority, of a promise or simple contract made during infancy;</p><p>3. To charge a personal representative upon a promise to answer any debt or damages out of his own estate;</p><p>4. To charge any person upon a promise to answer for the debt, default, or misdoings of another;</p><p>5. Upon any agreement made upon consideration of marriage;</p><p>6. Upon any contract for the sale of real estate, or for the lease thereof for more than a year;</p><p>7. Upon any agreement or contract for services to be performed in the sale of real estate by a party defined in § <a href='http://law.lis.virginia.gov/vacode/54.1-2100/'>54.1-2100</a> or § <a href='http://law.lis.virginia.gov/vacode/54.1-2101/'>54.1-2101</a>;</p><p>8. Upon any agreement that is not to be performed within a year; or</p><p>9. Upon any agreement or promise to lend money or extend credit in an aggregate amount of $25,000 or more.</p><p>The consideration need not be set forth or expressed in the writing, and it may be proved (where a consideration is necessary) by other evidence.</p><p>Code 1919, § 5561; 1976, c. 157; 1990, c. 570.</p> | ||||||||
| 3 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-2.01 | Promise after bankruptcy must be in writing. | <p>When a debtor is adjudicated a bankrupt or discharged in a bankruptcy proceeding any promise to pay such debt, after such adjudication or discharge, shall be in writing for any action at law or in equity to be maintained thereupon.</p><p>Code 1950, § 8-512; 1977, c. 624.</p> | ||||||||
| 4 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-2.1 | Goods sent by mail. | <p>No suit shall be maintained, or judgment rendered, either at law or in equity, in any court of this Commonwealth, to recover any goods, property or thing, or the value thereof, which has been sent to any person by mail, unless such goods, property or thing has been impliedly or expressly ordered by the person to whom the same has been sent and received or unless it be proved that such person has appropriated such goods, property, or thing to his own use.</p><p>1952, c. 326.</p> | ||||||||
| 5 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-2.2 | Unsolicited goods deemed gift to recipient. | <p>If any person, firm, partnership, association or corporation, or any agent or employee thereof, shall in any manner or by any means offer for sale goods, wares or merchandise when the offer includes the voluntary and unsolicited sending of any goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing, then the sender of any such unsolicited goods, wares or merchandise shall for all purposes be deemed to have made an unconditional gift to the recipient thereof, who may use or dispose of such goods, wares or merchandise in any manner he deems proper without any obligation to return the same to the sender or to pay him therefor.</p><p>1970, c. 386.</p> | ||||||||
| 6 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-2.3 | Repealed. | <p>Repealed by Acts 1991, c. 458.</p> | ||||||||
| 7 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-2.4 | Notice of possible filing of mechanics' lien required. | <p>Every contract made on or after July 1, 1992, for the purchase of residential real property shall include the following provision:</p><p>NOTICE </p><p>Virginia law (§ <a href='http://law.lis.virginia.gov/vacode/43-1/'>43-1</a> et seq.) permits persons who have performed labor or furnished materials for the construction, removal, repair or improvement of any building or structure to file a lien against the property. This lien may be filed at any time after the work is commenced or the material is furnished, but not later than the earlier of (i) 90 days from the last day of the month in which the lienor last performed work or furnished materials or (ii) 90 days from the time the construction, removal, repair or improvement is terminated.</p><p>AN EFFECTIVE LIEN FOR WORK PERFORMED PRIOR TO THE DATE OF SETTLEMENT MAY BE FILED AFTER SETTLEMENT. LEGAL COUNSEL SHOULD BE CONSULTED.</p><p>Failure of a contract for the purchase of residential real property to include the notice required by this section shall not void such contract.</p><p>1992, c. 606.</p> | ||||||||
| 8 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-4 | Sizes of type in printed contracts. | <p>No contract in writing entered into between a citizen of this Commonwealth and any person, firm, company or corporation, domestic or foreign, doing business in this Commonwealth, for the sale and future delivery of any goods or chattels, machinery or mechanical devices, or personal property of any kind or sort whatsoever, shall be binding upon the purchaser, where the form is printed and furnished by the person, firm, company or corporation, unless all of the provisions of such contract are clearly and plainly printed or written; and, where printed, such provisions and covenants and all stipulations as to the rights of the vendor shall be in type of not less than the size known as ten point; and, wherever in such contract, printed upon a form furnished by the vendor, it is stipulated that the vendor is not to be bound by any verbal agreement or modification of the terms of such printed contract, then such stipulation shall be printed as a separate paragraph or paragraphs and in type not smaller than pica. Should any of the contract, including the special stipulation hereinbefore mentioned, be printed in less than the size of type hereby prescribed, and the agent or salesman of such person, firm, company or corporation enter into any verbal or written or collateral agreement with the vendee, on the part of the person, firm, company or corporation, modifying or changing such printed agreement or the parts of the contract which are printed, then the vendee may, in any action instituted to enforce such contract, or the payment of any sum of money agreed to be paid under such contract, be allowed to introduce such collateral agreement, or contract in modification thereof, or any verbal statement made by the agent or salesman in modification thereof, in evidence in such action, and the same, if proved, shall be considered by the court or jury trying the case as a part of such printed contract.</p><p>1920, p. 362; Michie Code 1942, § 5562a.</p> | ||||||||
| 9 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-4.1 | Certain indemnification provisions in construction contracts declared void. | <p>Any provision contained in any contract relating to the construction, alteration, repair or maintenance of a building, structure or appurtenance thereto, including moving, demolition and excavation connected therewith, or any provision contained in any contract relating to the construction of projects other than buildings by which the contractor performing such work purports to indemnify or hold harmless another party to the contract against liability for damage arising out of bodily injury to persons or damage to property suffered in the course of performance of the contract, caused by or resulting solely from the negligence of such other party or his agents or employees, is against public policy and is void and unenforceable. This section applies to such contracts between contractors and any public body, as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-4301/'>2.2-4301</a>.</p><p>This section shall not affect the validity of any insurance contract, workers' compensation, or any agreement issued by an admitted insurer.</p><p>The provisions of this section shall not apply to any provision of any contract entered into prior to July 1, 1973.</p><p>1973, c. 273; 1974, c. 430; 1991, c. 363.</p> | ||||||||
| 10 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-4.1:1 | Waiver of payment bond claims and contract claims; construction contracts. | <p>A subcontractor as defined in § <a href='http://law.lis.virginia.gov/vacode/43-1/'>43-1</a>, lower-tier subcontractor, or material supplier may not waive or diminish his right to assert payment bond claims or his right to assert claims for demonstrated additional costs in a contract in advance of furnishing any labor, services, or materials. A provision that waives or diminishes a subcontractor's, lower-tier subcontractor's, or material supplier's right to assert payment bond claims or his right to assert claims for demonstrated additional costs in a contract executed prior to providing any labor, services, or materials is null and void.</p><p>2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0748'>748</a>.</p> | ||||||||
| 11 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-4.2 | Repealed. | <p>Repealed by Acts 1975, c. 448.</p> | ||||||||
| 12 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-4.3 | When acceleration of payment or repossession of consumer goods not allowed. | <p>Notwithstanding any provisions in a contract, other evidence of indebtedness or security agreement arising from a sale or financing of consumer goods as defined in § <a href='http://law.lis.virginia.gov/vacode/8.9A-102/'>8.9A-102</a> of this Code, no acceleration of payment or repossession on account of late payment or nonpayment of an installment shall be permitted if payment, together with any late payment penalty permitted under § <a href='http://law.lis.virginia.gov/vacode/6.2-400/'>6.2-400</a>, is made within ten days of the date on which the installment was due.</p><p>1974, c. 572.</p> | ||||||||
| 13 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-4.4 | Certain indemnification and duty to defend provisions in contracts with design professionals declared void. | <p>Any provision contained in any contract relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or any provision contained in any contract relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless another party to the contract against liability for damage arising out of bodily injury to persons or damage to property suffered in the course of the performance of the contract, caused by or resulting solely from the negligence of such other party, his agents or employees, is against public policy and is void and unenforceable.</p><p>This section shall apply to such contracts between an architect or professional engineer and any public body as defined in § <a href='/vacode/2.2-4301/'>2.2-4301</a>. Every provision contained in a contract between an architect or professional engineer and a public body relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless the public body against liability is against public policy and is void and unenforceable. This section shall not be construed to alter or affect any provision in such a contract that purports to indemnify or hold harmless the public body against liability for damage arising out of the negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the architect or professional engineer in performance of the contract.</p><p>Any provision contained in any contract relating to the planning or design of a building, structure, or appurtenance thereto, including moving, demolition, or excavation connected therewith, or any provision contained in any contract relating to the planning or design of construction projects by which any party purports to impose a duty to defend on any other party to the contract, is against public policy and is void and unenforceable.</p><p>This section shall not affect the validity of any insurance contract, workers' compensation, or any agreement issued by an admitted insurer.</p><p>1995, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0341'>341</a>; 2001, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0670'>670</a>; 2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1015'>1015</a>.</p> | ||||||||
| 14 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | §§ 11-5 through 11-7 | Repealed. | <p>Repealed by Acts 1964, c. 219.</p> | ||||||||
| 15 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | § 11-9 | Writing payable to deceased person. | <p>A bond, note or other writing to a person or persons who, or some of whom, are dead at the time of its execution, shall be as valid as if such person or persons were then alive.</p><p>Code 1919, § 5761.</p> | ||||||||
| 16 | 11 | CONTRACTS | 1 | GENERAL PROVISIONS | §§ 11-9.1 through 11-9.7 | Repealed. | <p>Repealed by Acts 2010, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0455'>455</a> and <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0632'>632</a>, cl. 2.</p> | ||||||||
| 17 | 11 | CONTRACTS | 2 | COMPROMISE AND SATISFACTION | § 11-10 | Compromise by creditor with co-obligor, etc. | <p>A creditor may compound or compromise with any joint contractor or co-obligor, and release him from all liability on his contract or obligation, without impairing the contract or obligation as to the other joint contractors or co-obligors.</p><p>Code 1919, § 5763.</p> | ||||||||
| 18 | 11 | CONTRACTS | 2 | COMPROMISE AND SATISFACTION | § 11-11 | Crediting contract; surety. | <p>When such compounding or compromise is made, the contract or obligation shall be credited with a full share of the party released, except where the compounding or compromise is with a surety or cosurety, and in that case, as between the creditor and principal, the credit shall be for the sum actually paid by the compounding debtor.</p><p>Code 1919, § 5764.</p> | ||||||||
| 19 | 11 | CONTRACTS | 2 | COMPROMISE AND SATISFACTION | § 11-12 | Part performance extinguishing obligation. | <p>Part performance of an obligation, promise or undertaking, either before or after a breach thereof, when expressly accepted by the creditor in satisfaction and rendered in pursuance of an agreement for that purpose, though without any new consideration, shall extinguish such obligation, promise, or undertaking.</p><p>Code 1919, § 5765.</p> | ||||||||
| 20 | 11 | CONTRACTS | 2 | COMPROMISE AND SATISFACTION | § 11-13 | Right of contribution not affected. | <p>Nothing contained in §§ <a href='http://law.lis.virginia.gov/vacode/11-10/'>11-10</a> through <a href='http://law.lis.virginia.gov/vacode/11-12/'>11-12</a> shall affect or impair the right of contribution between joint contractors and co-obligors.</p><p>Code 1919, § 5766.</p> | ||||||||
| 21 | 11 | CONTRACTS | 3 | GAMING CONTRACTS | § 11-14 | Gaming contracts void. | <p>Except as otherwise provided in this section, all wagers, conveyances, assurances, and all contracts and securities whereof the whole or any part of the consideration is money or other valuable thing won, laid, or bet, at any game, horse race, sport or pastime, and all contracts to repay any money knowingly lent at the time and place of such game, race, sport or pastime, to any person for the purpose of so gaming, betting, or wagering, or to repay any money so lent to any person who shall, at such time and place, so pay, bet or wager, shall be utterly void.</p><p>Notwithstanding any other provision of law, a contract governing the distribution of state lottery proceeds shall be valid and enforceable as between the parties to the contract.</p><p>Code 1919, § 5558; 1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0400'>400</a>.</p> | ||||||||
| 22 | 11 | CONTRACTS | 3 | GAMING CONTRACTS | § 11-15 | Recovery of money or property lost in gaming. | <p>Any person who shall, by playing at any game or betting on the sides or hands of such as play at any game, lose within twenty-four hours, the sum or value of five dollars, or more, and pay or deliver the same, or any part thereof, may, within three months next following, recover from the winner, the money or the value of the goods so lost and paid or delivered, with costs of suit in civil action, either by suit or warrant, according to the amount or value thereof.</p><p>Code 1919, § 5559.</p> | ||||||||
| 23 | 11 | CONTRACTS | 3 | GAMING CONTRACTS | § 11-16 | Bill by loser; repayment discharges winner from punishment. | <p>Such loser may file a bill in equity against such winner, who shall answer the same, and upon discovery and repayment of the money or property so won, or its value, such winner shall be discharged from any forfeiture or punishment which he may have incurred for winning the same.</p><p>Code 1919, § 5560.</p> | ||||||||
| 24 | 11 | CONTRACTS | 3 | GAMING CONTRACTS | § 11-16.1 | Exemption from the chapter. | <p>This chapter shall not apply to any bet, wager, or casino gaming permitted by Chapter 41 (§ <a href='/vacode/58.1-4100/'>58.1-4100</a> et seq.) of Title 58.1 or to any contract, conduct, or transaction arising from conduct lawful thereunder.</p><p>2020, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1197'>1197</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1248'>1248</a>.</p> | ||||||||
| 25 | 11 | CONTRACTS | 3 | GAMING CONTRACTS | § 11-16.2 | Exemption; authorized sports betting. | <p>This chapter shall not apply to any sports betting or related activity that is lawful under Article 2 (§ <a href='/vacode/58.1-4030/'>58.1-4030</a> et seq.) of Chapter 40 of Title 58.1.</p><p>2020, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1218'>1218</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1256'>1256</a>, § 11-16.1.</p> | ||||||||
| 26 | 11 | CONTRACTS | 4 | PUBLIC CONTRACTS IN GENERAL [Repealed] | § 11-17 | Repealed. | <p>Repealed by Acts 1982, c. 647.</p> | ||||||||
| 27 | 11 | CONTRACTS | 4 | PUBLIC CONTRACTS IN GENERAL [Repealed] | § 11-17.1 | Expired. | <p>Expired by the terms of Acts 1980, c. 95, cl. 2, on July 1, 1983.</p> | ||||||||
| 28 | 11 | CONTRACTS | 4 | PUBLIC CONTRACTS IN GENERAL [Repealed] | §§ 11-18 through 11-23.5 | Repealed. | <p>Repealed by Acts 1982, c. 647.</p> | ||||||||
| 29 | 11 | CONTRACTS | 4.1 | USE OF DOMESTIC STEEL IN PUBLIC WORKS PROJECTS [Repealed] | §§ 11-23.6 through 11-23.10 | Expired. | <p>Expired by the terms of Acts 1981, c. 379, cl. 2, on June 30, 1986.</p> | ||||||||
| 30 | 11 | CONTRACTS | 5 | BURIAL, ETC., CONTRACT [Repealed] | §§ 11-24 through 11-29 | Repealed. | <p>Repealed by Acts 1989, c. 684.</p> | ||||||||
| 31 | 11 | CONTRACTS | 6 | CREDIT CARDS [Repealed] | §§ 11-30 through 11-34 | Repealed. | <p>Repealed by Acts 2010, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0794'>794</a>, cl. 11, effective October 1, 2010.</p> | ||||||||
| 32 | 11 | CONTRACTS | 6.1 | Energy and Operational Efficiency Performance-Based Contracting Act | §§ 11-34.1 through 11-34.4 | [Repealed]. | <p>Repealed by Acts 2021, Sp. S. I, c. 387, cl. 11.<br></p> | ||||||||
| 33 | 11 | CONTRACTS | 7 | VIRGINIA PUBLIC PROCUREMENT ACT | §§ 11-35 through 11-80 | Repealed. | <p>Repealed by Acts 2001, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>, cl. 13, effective October 1, 2001.</p> |