(a) A party may perform its contractual duties or exercise its contractual rights through a delegate or a subcontract unless:

Terms Used In Virginia Code 59.1-505.5

  • Party: means a person that engages in a transaction or makes an agreement under this chapter. See Virginia Code 59.1-501.2

(1) the contract prohibits delegation or subcontracting; or

(2) the other party has a substantial interest in having the original promisor perform or control the performance.

(b) Delegating or subcontracting performance does not relieve the delegating party of a duty to perform or of liability for breach.

(c) An attempted delegation that violates a term prohibiting delegation is not effective.

2000, cc. 101, 996.