In two prior posts, one specifically relating to a bill that was introduced to apply a statute of limitatons on state agencies for construction projects and one more general, I discussed some of the legislation pending in the Virginia General Assembly that could be of interest to construction professionals.
This post will update the status of these bills and add one that I neglected to highlight in the prior posts. I’ll begin with the oversight.
HB 2218 Makes the unlawful and unlicensed practice of contracting, real estate brokering, or real estate sales, in connection with a consumer transaction, unlawful under the Virginia Consumer Protection Act. In short, it makes explicit what was implicit, namely that contractors that perform work without a license are in violation of the VCPA. This bill has passed the house by unanimous vote and is in committee at the Senate. UPDATE– As of February 20, 2019, this bill has passed both houses, all that is left is the paperwork. Post Adjournment Update: This bill passed and awaits Governor’s signature.
The Statute of Limitations House introduced bill (HB 1667) bill has been left in the Appropriations committee of the House with a request for further study. The analagous Senate (SB1369) bill has passed the Senate. My “sources” (read those at the AGC-VA) tell me that the bill is being pushed hard in the House. UPDATE– As of February 19, 2018 this bill has been passed by indefinitely by the House. My understanding is that it will be studied and reintroduced. Post Adjournment Update: This bill remains in limbo.
HB2409 which reconciles the statutes and forms for mechanic’s liens has passed the House and awaits passage in the Senate. I don’t sense much if any opposition to this bill. UPDATE– As of February 20, 2018, this bill has passed both chambers and awaits the Governor’s signature. Post Adjournment Update: This one has been signed by the Governor.
Finally, HB1668 relating to high risk contracting has passed the House and is in committee in the Senate. UPDATE– As of February 21, 2019, this bill passed the Senate with amendments and is currently on the House calendar for consideration of the amended bill. Post Adjournment Update: Passed House and Senate with Senate Amendments. Awaits Governor’s signature.
I’ll update this further as the results come in. If you want to get a good idea of the bills that affect construction in Virginia, the list of bills being followed by the AGC ov Virginia is a great place to start (not to mention a membership in the AGC of Virginia gives you a voice in this stuff!)
Of course, the impact of these bills is yet to be seen and the advice of an experienced Virginia construction attorney can help you adjust what needs be adjusted if an when they pass.
As always, I welcome your comments. Also, please subscribe to keep up with this and other Construction Law Musings.
