§ 8.01-39.Completion or acceptance of work not bar to action against independent contractor for personal injury, wrongful death or damage to property.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1977 · Last verified July 16, 2026
In one sentencePrevents an independent contractor from escaping liability for negligent or warranty-breaching work by showing that the job was finished and accepted as satisfactory by the property owner or the party who hired the contractor, without disturbing the separate statute of repose in § 8.01-250.
Full Text of § 8.01-39
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In any civil action in which it is alleged that personal injury, death by wrongful act or damage to property has resulted from the negligence of or breach of warranty by an independent contractor, it shall not be a defense by such contractor to such action that such contractor has completed such work or that such work has been accepted as satisfactory by the owner of the property upon which the work was done or by the person hiring such contractor.
Nothing contained herein shall be construed to limit, modify or otherwise affect the provisions of § 8.01-250.
Plain-English Summary
Under the old “completed and accepted” rule, a contractor could once point to the owner’s acceptance of finished work as a shield against later negligence claims. This section removes that shield. In any civil action alleging that personal injury, wrongful death, or property damage resulted from an independent contractor’s negligence or breach of warranty, it is not a defense that the contractor completed the work or that the work was accepted as satisfactory by the property owner or by whoever hired the contractor.
The section is careful to limit its own reach: nothing in it is to be construed to limit, modify, or otherwise affect § 8.01-250, the separate statute governing when actions for injury arising from improvements to real property must be brought. Abolishing the completed-and-accepted defense does not disturb that independent timing limit.
Frequently Asked Questions
Can a contractor avoid liability by showing the owner accepted the finished work as satisfactory?
No. This section states that completion of the work, or its acceptance as satisfactory by the property owner or the person who hired the contractor, is not a defense to a claim alleging negligence or breach of warranty.
Does this section apply to wrongful death and property-damage claims, or just personal injury?
All three. The section covers civil actions alleging personal injury, wrongful death, or damage to property resulting from a contractor’s negligence or breach of warranty.
Does abolishing the completed-and-accepted defense mean there is no time limit on suing a contractor?
No. The section expressly preserves § 8.01-250, the statute of repose governing actions for injury from improvements to real property, and does not limit, modify, or affect it.
What kinds of claims against a contractor does this section cover?
Claims alleging that personal injury, death by wrongful act, or property damage resulted from the contractor’s negligence or breach of warranty.
Who benefits from this section — only the person who hired the contractor?
The section is not limited to the hiring party. It applies broadly to any civil action alleging the covered kinds of harm from a contractor’s negligence or breach of warranty.
Amendment History
Code 1950, § 8-629.3; 1974, c. 669; 1977, c. 617.
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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