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Virginia law

Construction Defect Laws in Virginia.

Virginia construction-defect claims are subject to a strict 5-year statute of repose under Va. Code § 8.01-250 — an absolute outside deadline running from the date the improvement was completed. The statute of limitations for tort-based claims is 2 years (Va. Code § 8.01-243); written contract claims are subject to a 5-year limitation (Va. Code § 8.01-246). Virginia follows pure contributory negligence, which is a significant defense in construction negligence actions. The economic-loss rule generally bars tort recovery where only the product itself or the project itself is damaged.

Last verified: 2026-04-20

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State law

Statute of Limitations

2 years (tort) / 5 years (written contract); 5-year statute of reposeVa. Code §§ 8.01-243; 8.01-246; 8.01-250

Tort claims must generally be filed within 2 years. Written-contract claims are subject to a 5-year limitation. Virginia has a strict 5-year statute of repose running from the date the improvement was completed — an absolute bar regardless of discovery.

State law

Key Virginia Statutes

Statute of Repose for Improvements to Real PropertyVa. Code § 8.01-250

Virginia's 5-year statute of repose for construction-defect claims — an absolute bar running from completion of the improvement, independent of the statute of limitations.

Personal-Injury Statute of LimitationsVa. Code § 8.01-243

Virginia's 2-year limitation for personal-injury claims, including negligence-based construction-defect claims.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Virginia.

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