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Virginia Code

Va. Code Ann. § 65.2-304 (2026)

Indemnity of principal from subcontractor

✓ current as of May 2026
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When the principal contractor is liable to pay compensation under § 65.2-302 or § 65.2-303, he shall be entitled to indemnity from any person who would have been liable to pay compensation to the worker independently of such sections or from an intermediate contractor and shall have a cause of action therefor.

A principal contractor when sued by a worker of a subcontractor shall have the right to join that subcontractor or any intermediate contractor as a party.

Code 1950, § 65-30; 1968, c. 660, § 65.1-33; 1991, c. 355.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1994–2023 · leading case: MARK FIVE CONST. v. Castle Contractors, 645 S.E.2d 475 (Va. 2007).
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MARK FIVE CONST. v. Castle Contractors, 645 S.E.2d 475 (Va. 2007). · cites it 30× “Mark Five contends the circuit court erred because the amended motion for judgment filed by Mark Five asserted a "good cause of action" for indemnity under Code § 65.2-304 sufficient to survive a demurrer.”
Batal Builders, Inc. v. Hi-Tech Concrete, Inc., 444 S.E.2d 555 (Va. Ct. App. 1994). “*408 INDEMNIFICATION PURSUANT TO CODE § 65.2-304 Lastly, Batal argues that it is entitled to indemnification from Hi-Tech as a matter of law.”
EN & SH Props., LLC v. Milton Gristo (Va. Ct. App. 2023). · cites it 2× “5 Code § 65.2-304 provides that a principal contractor who is found liable to pay compensation under Code § 65.”
Olliver v. Richmond Imports, Inc., 36 Va. Cir. 386 (Richmond County Cir. Ct. 1995). · cites it 2× “2-303, and § 65.2-304. To be an “other party” within the meaning of § 65.”
Chaplin, Papa & Gonet, P.C. v. Blathers, 47 Va. Cir. 534 (Richmond County Cir. Ct. 1999). “against any person other than the employer, and in any such action brought, or claim asserted, by the employer under his right of subrogation provided for in § 65.2-304, if a recovery is effected by judgment or voluntary settlement, the reasonable expenses and reasonable…”
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