Legal Memorandum: Limitation Period in a Contract Action in VA

Issue: Whether the limitation period in a contract cause of action under Virginia law begins to run when the damage is discovered.

The party asserting the statute of limitations has the burden of proof on this affirmative defense.  Lo v. Burke 455 S.E.2d 9, 12 (Va. 1995).

On a contract cause of action, the limitations period begins to run “when the breach of contract occurs . . . and not when the resulting damage is discovered.”  Va. Code Ann. § 8.01-230; see Van Dam v. Gay, 699 S.E.2d 480, 482 (Va. 2010).  While [the Testator] lives, no beneficiary has anything more than a bare expectancy and no person has suffered any injury or damage as a result of his tentative dispositions.”  Van Dam, 699 S.E.2d at 462.

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