§ 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
Full Text of § 8.01-250.1
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period had already run, this section revives or extends it, overriding the ordinary rule in § 8.01-234 that a repealed or amended limitation statute does not remove an existing bar.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Does this section override the usual rule that a repealed limitation statute doesn’t revive a barred claim?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.