Tolling Agreement
(Statute of Limitations) (VA)

Summary

This template tolling agreement can be used to toll a statute of limitations applicable to existing claims in a Virginia civil action. This template includes practical guidance, drafting notes, and an alternate clause. The purpose of a tolling agreement is to suspend the period of time in which parties must legally bring a lawsuit. A tolling agreement extends the filing deadline and allows parties to negotiate and possibly resolve their dispute without litigation. In Virginia, the event that triggers the running of the statute of limitations is when the right of action accrues. See Laguna v. Wallace, 67 Va. Cir. 535 (Cir. Ct. 2004). Under Va. Code Ann. § 8.01-230, the right of action is deemed to accrue, and the prescribed limitation period begins to run from the date the injury is sustained in the case of injury to the person or damage to property, when the breach of contract occurs in actions ex contractu and not when the resulting damage is discovered. See Va. Code Ann. § 8.01-230. For actions based upon a contract that is written and signed by the parties, the statute of limitations is 5 years, with the cause of action accruing when the breach occurs. See Va. Code Ann. § 8.01-246(2). For actions based upon a contract that is written and not signed by the parties, or any unwritten contract, express or implied, the statute of limitations is 3 years. See Va. Code Ann. § 8.01-246(4). For actions for personal injuries and every action for damages resulting from fraud, shall be brought within 2 years after the cause of action accrues. See Va. Code Ann. § 8.01-243(A). For actions for injury to property, shall be brought within 5 years after the cause of action accrues. See Va. Code Ann. § 8.01-243(B). For actions for breach of any contract for sale, the statute of limitations is 4 years after the cause of action has accrued. Va. Code Ann. § 8.2-725(1). For more information on statute of limitations in Virginia, see Tolling Agreement (Statute of Limitations) (VA). If you need to toll a statute of repose rather than a statute of limitations, see Tolling Agreement (Statute of Repose) (VA).