## How the limitation period applies

The controlling primary authority for US-VA legal malpractice SOL is **Va. Code § 8.01-246(2) (written, signed retainer) or § 8.01-246(4) (oral or unsigned retainer)**. The limitation period is **5 years (written/signed retainer) or 3 years (oral/unsigned)**.

> **Va. Code § 8.01-246(2) (written, signed retainer) or § 8.01-246(4) (oral or unsigned retainer).** Subject to the provisions of § 8.01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued: 2. In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not; 4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.

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## Sources

- [Va. Code § 8.01-246(2) (written, signed retainer) or § 8.01-246(4) (oral or unsigned retainer) — Va. Code § 8.01-246(2) (written, signed retainer) or § 8.01-246(4) (oral or unsigned retainer)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-246/)

All sources are official primary law published by `law.lis.virginia.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


In Virginia, legal malpractice claims must be filed within five years under Va. Code § 8.01-246(2) (written, signed retainer) or § 8.01-246(4) (oral or…

Virginia Legal Malpractice Statute of Limitations

within one year after such cause of action accrued

ANO-831 deepening (2026-04-27): fetched all six primary VA LIS section pages; harvested verbatim text into per-claim raw_statute_text + verification blocks (CA reference parity). Two NEW substantive corrections this pass: (1) legal_malpractice was 2yr/§ 8.01-243(A) (general PI); under VA case law (Oleyar v. Kerr, 217 Va. 88 (1976); Cox v. Geary, 271 Va. 141 (2006)) legal-malpractice claims sound in CONTRACT, not tort — corrected to 5yr/§ 8.01-246(2) for written engagements (3yr/§ 8.01-246(4) if oral); (2) top-level raw_statute_text was missing the leading 'Unless otherwise provided in this section or by other statute,' clause from § 8.01-243(A) — re-harvested verbatim. Also added government_tort_claim claim_type entry (VTCA § 8.01-195.6, 1yr notice). tolling_rules_provenance.defendant_absence reset to false — VA only tolls for obstruction (§ 8.01-229(D)), not generic absence. Wave-13 fabrications (top-level URL, sub_rules misclassifications, MM citation, gov-notice period, defamation home) remain corrected from prior pass.

4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.

Subject to the provisions of § 8.01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued: 1. In actions or upon a recognizance, except recognizance of bail in a civil suit, within 10 years; and in actions or motions upon a recognizance of bail in a civil suit, within three years, omitting from the computation of such three years such time as the right to sue out such execution shall have been suspended by injunction, supersedeas or other process; 2. In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not;

A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.

A. Every claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency or agencies alleged to be liable, within one year after such cause of action accrued. Failure to provide such statement shall not bar a claim against the Commonwealth or a transportation district, provided that (i) for claims against the Commonwealth, the Division of Risk Management or any insurer or entity providing coverage or indemnification of the claim or the Attorney General or (ii) for claims against a transportation district, the chairman of the commission of the transportation district, had actual knowledge of the claim, which includes the nature of the claim, the time and place at which the injury is alleged to have occurred, and the agency or agencies alleged to be liable, within one year after such cause of action accrued.

In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not.

Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within one year after the cause of action accrues. If a publisher of statements actionable under this section publishes anonymously or under a false identity on the Internet, an action may be filed under this section and the statute of limitations shall be tolled until the identity of the publisher is discovered or, by the exercise of due diligence, reasonably should have been discovered.

Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.

Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. B. Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five years after the cause of action accrues. An infant's claim for medical expenses pursuant to subsection B of § 8.01-36 accruing on or after July 1, 2013, shall be governed by the applicable statute of limitations that applies to the infant's cause of action.

B. Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five years after the cause of action accrues. An infant's claim for medical expenses pursuant to subsection B of § 8.01-36 accruing on or after July 1, 2013, shall be governed by the applicable statute of limitations that applies to the infant's cause of action.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

Every action under § 8.01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person.

A. Disabilities which toll the statute of limitations. — Except as otherwise specifically provided in §§ 8.01-237 , 8.01-241 , 8.01-242 , 8.01-243 , 8.01-243.1 and other provisions of this Code, 1. If a person entitled to bring any action is at the time the cause of action accrues an infant, except if such infant has been emancipated pursuant to Article 15 (§ 16.1-331 et seq.) of Chapter 11 of Title 16.1, or incapacitated, such person may bring it within the prescribed limitation period after such disability is removed; or 2. After a cause of action accrues, a. If an infant becomes entitled to bring such action, the time during which he is within the age of minority shall not be counted as any part of the period within which the action must be brought except as to any such period during which the infant has been judicially declared emancipated.

No action to recover for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained as a result of such injury, shall be brought against any person performing or furnishing the design, planning, surveying, supervision of construction, or construction of such improvement to real property more than five years after the performance or furnishing of such services and construction.

A. Any individual action pursuant to § 59.1-204 for which the right to bring such action first accrues on or after July 1, 1995, shall be commenced within two years after such accrual. The cause of action shall accrue as provided in § 8.01-230 . B. When any of the authorized government agencies files suit under this chapter, the time during which such governmental suit and all appeals therefrom is pending shall not be counted as any part of the period within which an action under § 59.1-204 shall be brought.

B. Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five years after the cause of action accrues.

B. No action shall be commenced under this section more than 20 years after the death of such person.

Subject to the provisions of § 8.01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued: 2. In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not; 4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.

D. Every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring during the infancy or incapacity of the person as set forth in subdivision 6 of § 8.01-249 shall be brought within 20 years after the cause of action accrues. D1. For a cause of action accruing on or after July 1, 2020, every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse, other than those actions specified in subsection D, shall be brought within 10 years after the cause of action accrues. D2. Notwithstanding the provisions of subsections D and D1, every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring when the person was 18 years old or older by a person of authority over a victim shall be brought within 15 years after the cause of action accrues.

Unless otherwise stated in this chapter, a complaint alleging a violation of this chapter or federal statutes governing discrimination in employment that also falls under the jurisdiction of this chapter shall be filed with the Office no later than two years from the day upon which the alleged discriminatory practice occurred. The Office itself may in a like manner initiate such a complaint. The complaint shall be in such detail as to substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged unlawful discrimination.

Every personal action accruing on or after July 1, 1995, for which no limitation is otherwise prescribed, shall be brought within two years after the right to bring such action has accrued. Code 1950, § 8-24; 1954, c. 589; 1973, c. 385; 1977, c. 617; 1995, c. 9 . The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

Any employer that violates the overtime pay requirements of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., as amended, and any regulations, guidance, or rules adopted pursuant to the overtime pay provisions of such federal act or any related governing case law shall be liable to the employee for the applicable remedies, damages, or other relief available in an action brought pursuant to subsection K of § 40.1-29. For the purposes of this section, "employer" and "employee" shall have the meanings ascribed to them under the federal Fair Labor Standards Act and all applicable exemptions, overtime calculation methods, methods of overtime payment, or other overtime provisions within the federal Fair Labor Standards Act and any attendant regulations, guidance, or rules shall apply. Any action brought pursuant to this section shall accrue according to the applicable limitations set forth in the federal Fair Labor Standards Act and shall be commenced within three years after accrual.

The cause of action in the actions herein listed shall be deemed to accrue as follows: 1. In actions for fraud or mistake, in actions for violations of the Consumer Protection Act (§ 59.1-196 et seq.) based upon any misrepresentation, deception, or fraud, and in actions for rescission of contract for undue influence, when such fraud, mistake, misrepresentation, deception, or undue influence is discovered or by the exercise of due diligence reasonably should have been discovered

Under Va. Code § 8.01-243(A), every action for personal injuries — whatever the theory of recovery — and every action for damages resulting from fraud, must be brought within two years after the cause of action accrues, unless otherwise provided. The 'whatever the theory of recovery' language makes this a unitary 2-year limit covering general PI, negligence, premises liability, product liability, and other PI theories.

Under Va. Code § 8.01-246(A)(2), an action on any contract that is in writing and signed by the party to be charged must be commenced within five years. Controls written contracts and promissory notes in Virginia. Oral/unsigned contracts under § 8.01-246(4) are 3 years.

Virginia treats legal malpractice as a breach of contract claim subject to § 8.01-246. If the attorney-client retainer is in writing and signed by the party to be charged, the limitation is 5 years from accrual (§ 8.01-246(2)). If the retainer is oral, unwritten, or unsigned, the limitation is 3 years (§ 8.01-246(4)). Note: Va. Code § 8.01-246.1 (cited in some sources) does not exist; the contract-based framework under § 8.01-246 controls per MacLellan v. Throckmorton.

Actions upon an unwritten (oral) contract, express or implied, in Virginia must be commenced within three years after the cause of action accrues.

Virginia applies a two-year statute of limitations to common-law wrongful termination claims brought as the Bowman tort (wrongful discharge in violation of public policy). The claim sounds in tort for personal injury, so it is governed by Va. Code § 8.01-243(A)'s residual two-year period for 'every action for personal injuries, whatever the theory of recovery,' rather than the longer contract limitations periods in Va. Code § 8.01-246. Contract-based wrongful termination claims (breach of writte

Virginia's construction-related statute of repose bars covered actions for injury to property, bodily injury, wrongful death, contribution, or indemnity arising out of a defective or unsafe condition of an improvement to real property more than five years after the performance or furnishing of the design, planning, surveying, supervision of construction, or construction services.

A Virginia legal-malpractice claim is governed by the limitations period for breach of contract under Va. Code § 8.01-246. Where the attorney-client engagement is a written contract signed by the party to be charged, the period is five years under § 8.01-246(A)(2). Where the engagement is oral or unsigned, the period is three years under § 8.01-246(A)(4). The cause of action accrues at the time of the attorney's breach, subject to the continuous representation rule (Keller v. Denny, 232 Va. 512 

Virginia imposes a five-year statute of repose under Va. Code Ann. § 8.01-250 on actions for property damage, personal injury, wrongful death, or contribution/indemnity arising from the defective and unsafe condition of an improvement to real property, when those actions are brought against persons performing or furnishing the design, planning, surveying, supervision of construction, or construction of the improvement. The five years runs from completion of the protected services (not from accru

In Virginia, an action for property damage, personal injury, wrongful death, or contribution/indemnity arising out of a defective or unsafe condition of an improvement to real property must be brought within five years after the performance or furnishing of the design, planning, surveying, supervision of construction, or construction services — this is a statute of repose running from completion of services, not from accrual of the cause of action. The section covers claims against architects, e

Virginia's general SOL imposes a 2-year period on personal injury and fraud claims (§ 8.01-243(A)), a 5-year period on property damage claims (§ 8.01-243(B)), a 2-year period on wrongful death claims running from the date of death (§ 8.01-244(B)), and a 5-year construction statute of repose (§ 8.01-250). Tolling is available for infancy, incapacity, and active obstruction (§ 8.01-228). Specific claim types may have different periods: defamation/libel/slander (1 yr, § 8.01-247.1), legal malpracti

Under Va. Code § 8.01-229(A)(1) and (A)(2)(a), the statute of limitations does not run against a minor plaintiff in Virginia. If the cause of action accrues while the plaintiff is an infant (under age 18, unless emancipated), the plaintiff may bring the action within the prescribed limitation period after the disability is removed. The time during which the plaintiff is within the age of minority shall not be counted as any part of the period within which the action must be brought. The SOL cloc

Statute of limitations for personal injury in US-VA is 2 years under Va. Code § 8.01-243(A).

Statute of limitations for medical malpractice in US-VA is 2 years under Va. Code Ann. § 8.01-243(A); § 8.01-243(C); § 8.01-243.1 (minors).

Statute of limitations for legal malpractice in US-VA is 5 years under Va. Code § 8.01-246(2) (written, signed retainer) or § 8.01-246(4) (oral or unsigned retainer).

Statute of limitations for product liability in US-VA is 2 years under Va. Code Ann. § 8.01-243(A); § 8.01-246(C).

Statute of limitations for premises liability in US-VA is 2 years under Va. Code Ann. § 8.01-243(A).

Statute of limitations for breach written contract in US-VA is 5 years under Va. Code § 8.01-246(A)(2).

Statute of limitations for breach oral contract in US-VA is 3 years under Va. Code Ann. § 8.01-246(4).

Statute of limitations for ucc sale of goods in US-VA is 4 years under Va. Code Ann. § 8.2-725.

Statute of limitations for fraud in US-VA is 2 years under Va. Code Ann. § 8.01-243(A).

Statute of limitations for libel in US-VA is 1 years under Va. Code Ann. § 8.01-247.1.

Statute of limitations for slander in US-VA is 1 years under Va. Code Ann. § 8.01-247.1.

Statute of limitations for property damage in US-VA is 5 years under Va. Code Ann. § 8.01-243(B).

Statute of limitations for trespass in US-VA is 5 years under Va. Code Ann. § 8.01-243(B).

Statute of limitations for government tort claim in US-VA is 1 years under Va. Code Ann. § 8.01-195.6.

Statute of limitations for assault and battery in US-VA is 2 years under Va. Code 8.01-243(A).

Statute of limitations for class a 1st degree felony in US-VA is 2 years under Va. Code § 8.01-243(A).

Statute of limitations for statute of repose in US-VA is 5 years under Va. Code § 8.01-250.

Statute of limitations for construction defects in US-VA is 5 years under Va. Code § 8.01-250.

Statute of limitations for oral contract in US-VA is 3 years under Va. Code § 8.01-246.

Statute of limitations for assault and battery intentional tort in virginia is 2 years under Va. Code 8.01-243(A).

Under Va. Code § 8.01-246(4), an action upon any unwritten contract, express or implied — which includes credit-card and open-account debt — must be brought within three years of the cause of action accruing.

Virginia Code § 8.01-243(B) establishes a 5-year statute of limitations for actions for injury to property, which encompasses trespass to chattels and conversion claims.

Virginia Code § 59.1-204.1 establishes a 2-year statute of limitations for individual consumer protection actions under the Virginia Consumer Protection Act, requiring suit to be commenced within two years after accrual.

The FTCA (28 U.S.C. § 2401(b)) requires claimants to present a claim to the federal agency within 2 years of accrual; after agency denial, suit must be filed within 6 months of mailing of notice of final denial. This federal limitation applies to claims brought in Virginia.

A premises-liability slip-and-fall claim is an action for personal injuries; under Va. Code § 8.01-243(A), every action for personal injuries, whatever the theory of recovery, must be brought within two years after the cause of action accrues.

Tortious interference with business or contractual relations is an injury to property rights; under Va. Code § 8.01-243(B), every action for injury to property must be brought within five years after the cause of action accrues.

A common-law wrongful-termination (Bowman) claim is a personal tort action governed by the 2-year limitations period of Va. Code § 8.01-243(A). Va. Code § 8.01-248 (catch-all) does not apply where a specific period exists.

Under Va. Code § 8.01-244(B), every wrongful-death action under § 8.01-50 must be brought by the personal representative of the decedent within two years after the death of the injured person.

Written defamation (libel) is governed by Va. Code Ann. § 8.01-247.1, which sets a 1 year limitations period for defamation actions.

An action for injury to property in Virginia must be brought within 5 years after the cause of action accrues.

False arrest and false imprisonment are personal-injury torts in Virginia and must be brought within 2 years after the cause of action accrues.

Virginia actions for injury resulting from slander or defamation must be brought within one year after the cause of action accrues under Va. Code Ann. § 8.01-247.1.

Virginia recognizes invasion of privacy only as the statutory claim for unauthorized use of a person's name, portrait, or picture under Va. Code § 8.01-40; subsection (B) provides that no action under that section may be commenced more than twenty (20) years after the death of such person.

Virginia has not enacted a retroactive revival window; instead, Va. Code Ann. § 8.01-243(D) provides that every action for injury to the person resulting from sexual abuse during infancy or incapacity must be brought within 20 years after the cause of action accrues.

Virginia tolls the statute of limitations for minor plaintiffs under Va. Code § 8.01-229(A)(1) and (A)(2)(a). If a cause of action accrues while the plaintiff is an infant (under age 18, unless emancipated), the limitations period does not begin to run until the disability of infancy is removed. The time during which the plaintiff is within the age of minority is excluded from the limitations period. Method: pause — the SOL clock pauses during minority and the full period runs after majority.

Virginia does NOT toll the statute of limitations for a defendant's mere absence from the Commonwealth. Va. Code § 8.01-229 — reviewed in full via two independent channels — contains no absence-from-state tolling provision. Section 8.01-229(D) covers only active obstruction of filing (bankruptcy or other direct/indirect means). Simple absence tolling was abolished when Virginia adopted long-arm jurisdiction. Value corrected from true to false.

Virginia tolls the statute of limitations when a defendant uses fraudulent means or concealment to obstruct the filing of an action. Va. Code § 8.01-229(D)(ii) covers 'using any other direct or indirect means to obstruct the filing of an action,' which encompasses fraudulent concealment and active misrepresentation. The time during which the obstruction continues is excluded from the limitations period.

Virginia's discovery rule is ENABLED via Va. Code § 8.01-249, which establishes discovery-based accrual for nine specific claim categories including fraud/Consumer Protection Act (subdivision 1), latent non-asbestos injuries (4a), asbestos injuries (4), sexual abuse during infancy/incapacity (6), breast implant products liability (7), open accounts (8), and medical device products liability (9). The rule is statutory and limited to these enumerated claim types.

Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within one year after the cause of action accrues.

Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five years after the cause of action accrues.

Subject to the provisions of § 8.01-243 regarding injuries to person and property and of § 8.2-725 regarding the sale of goods, actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued: ... 2. In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not.

Virginia Legal Malpractice Statute of Limitations

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