Law For Construction In Virginia
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For purposes of statutory construction, the courts and bill drafters use a series of “canons” to guide them. These include textual canons (intrinsic aids), linguistic presumptions and grammatical conventions, substantive canons, and extrinsic aids.
The property line setbacks range from 5' to 10' depending on the lot size. For sheds over 256 square feet, setbacks range from 5' to 20' for sides and rear property lines.
The cardinal rule in Virginia statutory construction is that the statute expresses the intention of the lawmakers. Therefore, it falls upon the courts to ascertain the General Assembly's intent where that intent becomes important in the application of statutory materials.
These were: the mischief rule, the literal rule, and the golden rule. Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion.
The standard rules of construction are: The plain meaning of the language will be used, unless there are special terms that apply to the subject matter of the contract. This means that the most common and prevailing meaning is applied to the words in the contract.
Statute of limitations on construction contracts. No action may be brought by a state public body on any construction contract, including construction contracts governed by Chapter 43.1 (§ 2.2-4378 et seq.), unless such action is brought within 15 years after completion of the contract.
Virginia's Statute of Repose limits all actions against design professionals, contractors, subcontractors, and suppliers to five years at the outset. Va. Code § 8.01-250. This statute establishes an arbitrary termination date for construction liability, regardless of the cause of action.
Any person who undertakes work without (i) any valid Virginia contractor's license or certificate when a license or certificate is required by this chapter or (ii) the proper class of license as defined in § 54.1-1100 for the work undertaken, shall be fined an amount not to exceed $500 per day for each day that such ...
