A. Subject to the provisions of § 8.01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued:
1. In actions or upon a recognizance, except recognizance of bail in a civil suit, within 10 years; and in actions or motions upon a recognizance of bail in a civil suit, within three years, omitting from the computation of such three years such time as the right to sue out such execution shall have been suspended by injunction, supersedeas or other process;
2. In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not;
3. In actions by a partner against another for settlement of the partnership account or in actions upon accounts concerning the trade of merchandise between merchant and merchant, their factors, or servants, within five years from the cessation of the dealings in which they are interested together;
4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.
B. In any action, including those brought by the Commonwealth, upon any contract under subdivision A 2 or 4 to collect medical debt, such an action is barred if not commenced within three years from the due date applicable to the final invoice for a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider. In the event of breach of a payment plan, an action is barred if not commenced within three years from the date of breach by the debtor. For the purposes of this subsection, "medical debt" means a debt arising directly from the receipt of a health care service and originally owed directly to a health care service provider. The provisions of this subsection shall not apply to medical debt arising from services paid for under programs administered by the Department of Medical Assistance Services.
C. In the case of any action to which § 8.2-725 of the Uniform Commercial Code is applicable, that section shall be controlling except that in products liability actions for injury to person and for injury to property, other than the property subject to contract, the limitation prescribed in § 8.01-243 shall apply.
Code 1950, §§ 8-13, 8-17, 8-23; 1964, c. 219; 1966, c. 118; 1977, c. 617; 2019, c. 241; 2024, c. 800.
Notes of Decisions
Thorsen v. Richmond Soc'y for the Prevention of Cruelty to Animals, 786 S.E.2d 453 (Va. 2016).
· cites it 12× “01-230 states that: In every action for which a limitation period is prescribed, the right of action shall be deemed to accrue and the prescribed limitation period shall begin to run from the date the injury is sustained in the case of injury to the person or damage to property,…”
Richmeade, L.P. v. City of Richmond, 594 S.E.2d 606 (Va. 2004).
· cites it 12× “In this appeal we consider whether this action for inverse condemnation is subject to the three-year statute of limitations for an implied contract, Code § 8.01-246, or the five-year limitations period for injury to property, Code § 8.”
Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., 791 S.E.2d 734 (Va. 2016).
· cites it 8× “" This Warranty is likewise a performance provision of the contract, and the promise to make good for any defect is merely part of the promise to properly perform; it is not an independent indemnity provision.”
In re Lewis, 517 B.R. 615 (Bankr. E.D. Va. 2014).
· cites it 23× “American Express also argues that even if Utah law is not applicable, enforcement of its claim would be allowed pursuant to the Virginia five-year statute of limitations for written contracts, as provided in Va. Code Ann. § 8.01-246 (2). It disputes Debtors’ contention that the…”
East West, LLC v. Rahman, 873 F. Supp. 2d 721 (E.D. Va. 2012).
· cites it 8× “Va.Code § 8.01-246(2). However, Virginia has also enacted a borrowing statute which “limits actions on contracts governed by the law of another state to the limitations period of that state if its time limit is more restrictive than Virginia’s.”
Brown v. Harms, 467 S.E.2d 805 (Va. 1996).
· cites it 10× “Code § 8.01-246 states in part: [A]ctions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued: 2.”
Stone v. Ethan Allen, Inc., 350 S.E.2d 629 (Va. 1986).
· cites it 6× “In support of this contention, the Stones rely upon Code § 8.01-246 which states, inter alia: Provided that as to any action to which § 8.”
Harbour Gate Owners' Ass'n v. Berg, 348 S.E.2d 252 (Va. 1986).
· cites it 6× “In determining which limitation applies, we disagree with the purchasers’ contention that the statutory warranty should be “read into” the purchasers’ deeds as a written contract “signed by the party to be charged thereby,” and is thus governed by the five-year limitation of…”
Hansen v. Stanley Martin Companies, Inc., 585 S.E.2d 567 (Va. 2003).
· cites it 4× “Code § 8.01-246(2) establishes a five-year statute of limitations for actions under a written contract in Virginia.”
McDonald v. Nat'l Enter., Inc., 547 S.E.2d 204 (Va. 2001).
· cites it 4× “In a memorandum in support of his affirmative defenses, McDonald addressed the applicability of the five-year statute of limitations set forth in Code § 8.01-246(2) and the six-year statute of limitations provided in 12 U.”
— Va. Code Ann. § 8.01-246(1) — 1 case
— Va. Code Ann. § 8.01-246(2) — 112 cases
East West, LLC v. Rahman, 873 F. Supp. 2d 721 (E.D. Va. 2012).
“Va.Code § 8.01-246(2). However, Virginia has also enacted a borrowing statute which “limits actions on contracts governed by the law of another state to the limitations period of that state if its time limit is more restrictive than Virginia’s.”
— Va. Code Ann. § 8.01-246(3) — 6 cases
— Va. Code Ann. § 8.01-246(4) — 81 cases
Richmeade, L.P. v. City of Richmond, 594 S.E.2d 606 (Va. 2004).
“In this appeal we consider whether this action for inverse condemnation is subject to the three-year statute of limitations for an implied contract, Code § 8.01-246, or the five-year limitations period for injury to property, Code § 8.”
Harbour Gate Owners' Ass'n v. Berg, 348 S.E.2d 252 (Va. 1986).
“In determining which limitation applies, we disagree with the purchasers’ contention that the statutory warranty should be “read into” the purchasers’ deeds as a written contract “signed by the party to be charged thereby,” and is thus governed by the five-year limitation of…”
— Va. Code Ann. § 8.01-246(4)(ii) — 1 case
— Va. Code Ann. § 8.01-246(A)(2) — 7 cases
— Va. Code Ann. § 8.01-246(A)(3) — 3 cases
— Va. Code Ann. § 8.01-246(A)(4) — 8 cases
— Va. Code Ann. § 8.01-246(B) — 1 case
— Va. Code Ann. § 8.01-246(C) — 1 case
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