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§ 8.01-250.1.Limitation on actions involving removal of asbestos.

Chapter 4. Limitations of Actions · Article 3. Personal Actions Generally · Last amended 1986 · Last verified July 16, 2026

In one sentenceSection 8.01-250.1 revives or extends, until July 1, 1990, otherwise time-barred claims by charitable, educational, or governmental entities against asbestos manufacturers or suppliers for the cost of removing or correcting asbestos in their buildings.

Full Text of § 8.01-250.1

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Notwithstanding the provisions of § 8.01-234 or any other section in this chapter, every action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any agency of the Commonwealth incorporated for charitable or educational purposes; counties, cities or towns; or school boards, to recover for (i) removal of asbestos or materials containing asbestos from any building owned or used by such entity, (ii) other measures taken to correct or ameliorate any problem related to asbestos in such building or (iii)
reimbursement for such removal, correction or amelioration which would otherwise be barred prior to July 1, 1990, as a result of expiration of the applicable period of limitation, is hereby revived or extended. Any action thereon may be commenced prior to July 1, 1990.

Plain-English Summary

Section 8.01-250.1 is a narrow, one-time legislative fix aimed at asbestos-removal costs. It applies to actions brought by or on behalf of a charitable or educational Commonwealth agency, a county, city, or town, or a school board, against a manufacturer or supplier of asbestos or asbestos-containing material, to recover the cost of removing asbestos from a building the entity owns or uses, taking other corrective or ameliorative measures, or seeking reimbursement for that removal or correction.

Where such a claim would otherwise be barred before July 1, 1990, because the applicable limitation period had already run, this section revives or extends it, overriding the ordinary rule in § 8.01-234 that a repealed or amended limitation statute does not remove an existing bar. The revival is time-limited: any action taking advantage of this provision had to be commenced before July 1, 1990.

Frequently Asked Questions

Who can bring an action under Section 8.01-250.1?

An agency of the Commonwealth incorporated for charitable or educational purposes, a county, city, or town, or a school board, suing a manufacturer or supplier of asbestos or asbestos-containing material.

What kind of claims does this section revive?

Claims for the cost of removing asbestos from a building the entity owns or uses, for other measures to correct or ameliorate an asbestos problem in the building, or for reimbursement of that removal, correction, or amelioration.

Does this section override the usual rule that a repealed limitation statute doesn’t revive a barred claim?

Yes. It applies notwithstanding § 8.01-234 or any other section of the chapter, expressly reviving or extending claims that would otherwise have been barred before July 1, 1990.

Is there a deadline for bringing an action under this revival provision?

Yes. Any action relying on this section had to be commenced prior to July 1, 1990.

Does this section apply to private homeowners suing over asbestos removal costs?

No. It is limited to Commonwealth charitable or educational agencies, counties, cities, towns, and school boards, not private individuals.

Amendment History

1985, c. 262; 1986, c. 458.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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