statute of limitations in VA

[Chris Hale]

Hi All – I just got off of the phone with our state regulatory agency here in Virginia. My question to them was about how long are landscape architects liable for their work after project completion – is there a statute of limitations? I was thinking 5 or 10 years. The response was no, I would be liable indefinitely or until another professional modified the site with sealed drawings. How does this differ in other states?

Thanks,

Chris

[Chris Whitted]

I am not a lawyer, but I do not believe the people you spoke to were correct.  I would highly recommend asking someone with the proper legal expertise for that state, possibly your insurance provider.

One thing that might help is the term you’re looking for isn’t ‘statute of limitations’ but rather ‘statute of repose’.  Generally it looks like in Virginia it is five years, but it’s not a simple question (is the law ever?) – the quick web search I did specifically for Virginia found that some contract language could have an impact.  Here in Colorado it’s six years.  I know that one firm I worked for had to keep plans and such on file for seven years, I believe as requirement of the liability insurance.

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