Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
Board
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals
chapter
Onsite Sewage System Professionals Licensing Regulations [18 VAC 160 ‑ 40]
Action General Review 2014
Stage Final
Comment Period Ends 2/22/2017
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2/22/17  9:24 pm
Commenter: James Slusser

general comment about liability
 

§ 8.01-250. Limitation on certain actions for damages arising out of defective or unsafe condition of improvements to real property.

No action to recover for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained as a result of such injury, shall be brought against any person performing or furnishing the design, planning, surveying, supervision of construction, or construction of such improvement to real property more than five years after the performance or furnishing of such services and construction.

 

The VDH design firm appears to have an unwritten contract or no contract service with clients seeking design services for wells and septics.  Under this scenario, I believe VDH is limiting a case to three years for owners to pursue a claim for alleged violations under 8.01-250 of Code of Virginia.  When requiring a written contract, such time period shall include but not exceed a period of 5 years.  

In failing to require a contract for services, owners are at risk for losing rights afforded by a written contract.  The JLARC should be made aware of this circumstance and the impacts to owners throughout the Commonwealth.

 

During the 2009 public comment period, both VDH users and private licensees have requested the necessity of a contract.  It's plain business that benefits all parties involved. 

 

propose a section to require a contract and specifications of deliverables.

CommentID: 57591