5.1-173 - Jurisdiction of courts; liability for contracts and torts.
§ 5.1-173. Jurisdiction of courts; liability for contracts and torts.
A. The courts of the Commonwealth of Virginia shall have originaljurisdiction of all actions brought by or against the Authority, which courtsshall in all cases apply the law of the Commonwealth of Virginia.
B. The Authority shall be liable for its contracts and for its torts andthose of its members, officers, employees, and agents committed in theconduct of any proprietary function, in accordance with the law of theCommonwealth of Virginia but shall not be liable for any torts occurring inthe performance of a governmental function. The exclusive remedy for suchbreach of contracts and torts for which the Authority shall be liable, asherein provided, shall be by suit against the Authority. Nothing in this actshall be construed as a waiver by the Commonwealth of Virginia or theDistrict of Columbia or of their political subdivisions of any immunity fromsuit.
C. The Authority shall be responsible for all executory contracts enteredinto by the United States with respect to the former Metropolitan WashingtonAirports before the date of acquisition of those airports, except that theprocedure for disputes resolution contained in any such contract shallcontinue to govern the performance of the contract unless otherwise agreed toby the parties to the contract.
D. The Authority shall not be responsible for any tort claims arising beforethe date of transfer.
(2001, c. 342.)