Common use of Submission and Disposition of Claims Clause in Contracts

Submission and Disposition of Claims. No claim shall be made under this Contract until and unless the Contractor has failed to obtain a Change Order or has received a Deductive Change Order. The Contractor shall give the County written Notice of Intent To File a Claim within ten (10) calendar days of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to the beginning of the work upon which the claim is to be based, or the rejection of his Proposed Change Order, whichever is earlier. This written Notice shall clearly inform the County that it is a “Notice of Intent To File a Claim” and describe the act of omission or commission by the County or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage. Failure to submit such Notice of Intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient. In addition, at the time of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the County’s records. The filing of such Notice of Intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim. No claim shall be allowed and no amounts paid for any and all costs incurred if the “Notice of Intent To File a Claim” is not given to the Owner as herein provided. The complete written claim, with all supporting documentation, shall be submitted to the County Purchasing Agent no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim. The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the County Administrator. The County Administrator shall render a decision within sixty (60) days of receipt of the appeal. No litigation shall be instituted prior to the exhaustion of the aforesaid claims process. The Contractor may not introduce factual matters in such litigation that were not set forth in the aforesaid claims process. Each party shall bear its own costs and expenses resulting from any litigation, including attorney’s fees. Any monies that become payable as the result of claim settlement after final payment will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement. The Contractor shall submit a certification with any claim using the following format: Pursuant to Code of Virginia, I hereby certify that this contract claim submission for the County of Loudoun Project Construction of the Xxxxxxx Xxxxxx Parkway (RFQ-88) is a true and accurate representation of additional costs and/or delays incurred by (name of Contractor) in the performance of the required contract work. Any statements made, and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Virginia Code for a Class 6 Felony.

Submission and Disposition of Claims. No claim shall be made under this Contract until and unless the Contractor has failed to obtain a Change Order or has received a Deductive Change Order. The Contractor shall give the County written Notice of Intent To File a Claim within ten (10) calendar days of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to the beginning of the work upon which the claim is to be based, or the rejection of his Proposed proposed Change Order, whichever is earlier. This written Notice shall clearly inform the County that it is a “Notice of Intent To File a Claim” and describe the act of omission or commission by the County or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage. Failure to submit such Notice of Intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient. In addition, at the time of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the County’s records. The filing of such Notice of Intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim. No claim shall be allowed and no amounts paid for any and all costs incurred if the “Notice of Intent To File a Claim” is not given to the Owner County as herein provided. The complete written claim, with all supporting documentation, shall be submitted to the County Purchasing Agent no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim. The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the County Administrator. The County Administrator shall render a decision within sixty (60) days of receipt of the appeal. No litigation shall be instituted prior to the exhaustion of the aforesaid claims process. The Contractor may not introduce factual matters in such litigation that were not set forth in the aforesaid claims process. Each party shall bear its own costs and expenses resulting from any litigation, including attorney’s fees. Any monies that become payable as the result of claim settlement after final payment will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement. The Contractor shall submit a certification with any claim using the following format: Pursuant to Code of Virginia, I hereby certify that this contract claim submission for the County of Loudoun Project Construction of the Xxxxxxx Xxxxxx Parkway (RFQ-88) is a true and accurate representation of additional costs and/or delays incurred by (name of Contractor) in the performance of the required contract work. Any statements made, and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Virginia Code for a Class 6 Felony.

Submission and Disposition of Claims. No claim shall be made under this Contract until and unless the Contractor has failed to obtain a Change Order or has received a Deductive Change Order. The Contractor shall give the County written Notice of Intent To File a Claim within ten (10) calendar days of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to the beginning of the work upon which the claim is to be based, or the rejection of his Proposed proposed Change Order, whichever is earlier. This written Notice shall clearly inform the County that it is a “Notice of Intent To to File a Claim” and describe the act of omission or commission by the County or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage. Failure to submit such Notice of Intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient. In addition, at the time of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the County’s records. The filing of such Notice of Intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim. No claim shall be allowed and no amounts paid for any and all costs incurred if the “Notice of Intent To to File a Claim” is not given to the Owner County as herein provided. The complete written claim, with all supporting documentation, shall be submitted to the County Purchasing Agent no later than sixty (60) days after final paymentpayment or receipt of the Notice of Termination, whichever is earlier (“60-Day Claim Submission Period”). No additional documentation or arguments in support of a claim will be considered if not submitted within the 60-Day Claim Submission Period. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his its decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty sixty (3060) days of receipt the expiration of the claim60-Day Claim Submission Period. The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) days of receipt of the Purchasing Agent’s decision by submitting a written letter of appeal to the County Administrator. The County Administrator shall render a decision within sixty (60) days of receipt of the appeal. A failure by the Purchasing Agent or the County Administrator to render a decision within the time periods set forth above shall be deemed a denial of the claim and shall not result in the Contractor being awarded the relief claimed. The sole remedy for the County’s failure to render a decision as set forth above shall be the Contractor’s right to institute legal action. No litigation shall be instituted prior to the exhaustion of the aforesaid claims processclaim submission and review process set forth in 105.19. The Contractor may not introduce factual matters in such litigation that were not set forth in the aforesaid part of Contractor’s submitted claim under 105.19 claims process. Each party shall bear its own costs and expenses resulting from any litigation, including attorney’s fees. Any monies that become payable as SECTION 106—CONTROL OF MATERIAL 106.01 – Source of Supply and Quality Requirements (Reference the result of claim settlement after final payment will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement. The Contractor shall submit a certification with any claim using the following format: Pursuant to Code of Virginia, I hereby certify that this contract claim submission for the County of Loudoun Project Construction of the Xxxxxxx Xxxxxx Parkway (RFQ-88) is a true 2020 VDOT Road and accurate representation of additional costs and/or delays incurred by (name of Contractor) in the performance of the required contract work. Any statements made, and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Virginia Code for a Class 6 Felony.Bridge Specifications)

Submission and Disposition of Claims. No claim shall be made under this Contract until and unless the Contractor has failed to obtain a Change Order or has received a Deductive Change Order. The Contractor shall give the County written Notice of Intent To File a Claim within ten (10) calendar days of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to the beginning of the work upon which the claim is to be based, or the rejection of his Proposed Change Order, whichever is earlier. This written Notice shall clearly inform the County that it is a “Notice of Intent To File a Claim” and describe the act of omission or commission by the County or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage. Failure to submit such Notice of Intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient. In addition, at the time of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the County’s records. The filing of such Notice of Intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim. No claim shall be allowed and no amounts paid for any and all costs incurred if the “Notice of Intent To File a Claim” is not given to the Owner County as herein provided. The complete written claim, with all supporting documentation, shall be submitted to the County Purchasing Agent no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim. The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the County Administrator. The County Administrator shall render a decision within sixty (60) days of receipt of the appeal. No litigation shall be instituted prior to the exhaustion of the aforesaid claims process. The Contractor may not introduce factual matters in such litigation that were not set forth in the aforesaid claims process. Each party shall bear its own costs and expenses resulting from any litigation, including attorney’s fees. Any monies that become payable as the result of claim settlement after final payment will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement. The Contractor shall submit a certification with any claim using the following format: Pursuant to Code of Virginia, I hereby certify that this contract claim submission for the County of Loudoun Project Construction of the Xxxxxxx Xxxxxx Parkway (RFQ-88) is a true and accurate representation of additional costs and/or delays incurred by (name of Contractor) in the performance of the required contract work. Any statements made, and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Virginia Code for a Class 6 Felony.

Submission and Disposition of Claims. No claim shall be made under this Contract until and unless the Contractor has failed to obtain a Change Order or has received a Deductive Change Order. The Contractor shall give the County written Notice of Intent To File a Claim within ten (10) calendar days of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to the beginning of the work upon which the claim is to be based, or the rejection of his Proposed proposed Change Order, whichever is earlier. This written Notice shall clearly inform the County that it is a “Notice of Intent To to File a Claim” and describe the act of omission or commission by the County or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage. Failure to submit such Notice of Intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient. In addition, at the time of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the County’s records. The filing of such Notice of Intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim. No claim shall be allowed and no amounts paid for any and all costs incurred if the “Notice of Intent To to File a Claim” is not given to the Owner County as herein provided. The complete written claim, with all supporting documentation, shall be submitted to the County Purchasing Agent no later than sixty (60) calendar days after final paymentpayment or receipt of the Notice of Termination, whichever is earlier (“60-Day Claim Submission Period”). No additional documentation or arguments in support of a claim will be considered if not submitted within the 60-Day Claim Submission Period. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his its decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty sixty (3060) calendar days of receipt the expiration of the claim60-Day Claim Submission Period. The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) calender days of receipt of the Purchasing Agent’s decision by submitting a written letter of appeal to the County Administrator. The County Administrator shall render a decision within sixty (60) calendar days of receipt of the appeal. A failure by the Purchasing Agent or the County Administrator to render a decision within the time periods set forth above shall be deemed a denial of the claim and shall not result in the Contractor being awarded the relief claimed. The sole remedy for the County’s failure to render a decision as set forth above shall be the Contractor’s right to institute legal action. No litigation shall be instituted prior to the exhaustion of the aforesaid claims processclaim submission and review process set forth in 105.19. The Contractor may not introduce factual matters in such litigation that were not set forth in the aforesaid part of Contractor’s submitted claim under 105.19 claims process. Each party shall bear its own costs and expenses resulting from any litigation, including attorney’s fees. Any monies that become payable as SECTION 106—CONTROL OF MATERIAL 106.01 – Source of Supply and Quality Requirements (Reference the result of claim settlement after final payment will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement. The Contractor shall submit a certification with any claim using the following format: Pursuant to Code of Virginia, I hereby certify that this contract claim submission for the County of Loudoun Project Construction of the Xxxxxxx Xxxxxx Parkway (RFQ-88) is a true 2020 VDOT Road and accurate representation of additional costs and/or delays incurred by (name of Contractor) in the performance of the required contract work. Any statements made, and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Virginia Code for a Class 6 Felony.Bridge Specifications)

Submission and Disposition of Claims. No claim shall be made under this Contract until and unless the Contractor has failed to obtain a Change Order or has received a Deductive Change Order. The Contractor shall give the County written Notice of Intent To File a Claim within ten (10) calendar days of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to the beginning of the work upon which the claim is to be based, or the rejection of his Proposed proposed Change Order, whichever is earlier. This written Notice shall clearly inform the County that it is a “Notice of Intent To to File a Claim” and describe the act of omission or commission by the County or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage. Failure to submit such Notice of Intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient. In addition, at the time of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the County’s records. The filing of such Notice of Intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim. No claim shall be allowed and no amounts paid for any and all costs incurred if the “Notice of Intent To to File a Claim” is not given to the Owner County as herein provided. The complete written claim, with all supporting documentation, shall be submitted to the County Purchasing Agent no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim. The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the County Administrator. The County Administrator shall render a decision within sixty (60) days of receipt of the appeal. No litigation shall be instituted prior to the exhaustion of the aforesaid claims process. The Contractor may not introduce factual matters in such litigation that were not set forth in the aforesaid claims process. Each party shall bear its own costs and expenses resulting from any litigation, including attorney’s fees. Any monies that become payable as the result of claim settlement after final payment will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement. The Contractor shall submit a certification with any claim using the following format: Pursuant to Code of Virginia, I hereby certify that this contract claim submission for the County of Loudoun Project Construction of the Xxxxxxx Xxxxxx Parkway DC United Stadium Site (RFQ-88RFQ-16775) is a true and accurate representation of additional costs and/or delays incurred by (name of Contractor) in the performance of the required contract work. Any statements made, and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Virginia Code for a Class 6 Felony.

Submission and Disposition of Claims. No claim shall be made under this Contract until and unless the Contractor has failed to obtain a Change Order or has received a Deductive Change Order. The Contractor shall give the County written Notice of Intent To File a Claim within ten (10) calendar days of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to the beginning of the work upon which the claim is to be based, or the rejection of his Proposed Change Order, whichever is earlier. This written Notice shall clearly inform the County that it is a “Notice of Intent To File a Claim” and describe the act of omission or commission by the County or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage. Failure to submit such Notice of Intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient. In addition, at the time of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the County’s records. The filing of such Notice of Intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim. No claim shall be allowed and no amounts paid for any and all costs incurred if the “Notice of Intent To File a Claim” is not given to the Owner as herein provided. The complete written claim, with all supporting documentation, shall be submitted to the County Purchasing Agent no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim. The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the County Administrator. The County Administrator shall render a decision within sixty (60) days of receipt of the appeal. No litigation shall be instituted prior to the exhaustion of the aforesaid claims process. The Contractor may not introduce factual matters in such litigation that were not set forth in the aforesaid claims process. Each party shall bear its own costs and expenses resulting from any litigation, including attorney’s fees. Any monies that become payable as the result of claim settlement after final payment will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement. The Contractor shall submit a certification with any claim using the following format: Pursuant to Code of Virginia, I hereby certify that this contract claim submission for the County of Loudoun Project Construction of the Xxxxxxx Xxxxxx Parkway (RFQ-88) Lovettsville Community Park Road Improvements (RFQ 311) is a true and accurate representation of additional costs and/or delays incurred by (name of Contractor) in the performance of the required contract work. Any statements made, and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Virginia Code for a Class 6 Felony.

Submission and Disposition of Claims. No claim shall be made under this Contract until and unless the Contractor has failed to obtain a Change Order or has received a Deductive Change Order. The Contractor shall give the County written Notice of Intent To File a Claim within ten (10) calendar days of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to the beginning of the work upon which the claim is to be based, or the rejection of his Proposed Change Order, whichever is earlier. This written Notice shall clearly inform the County that it is a “Notice of Intent To File a Claim” and describe the act of omission or commission by the County or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage. Failure to submit such Notice of Intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient. In addition, at the time of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the County’s records. The filing of such Notice of Intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim. No claim shall be allowed and no amounts paid for any and all costs incurred if the “Notice of Intent To File a Claim” is not given to the Owner as herein provided. The complete written claim, with all supporting documentation, shall be submitted to the County Purchasing Agent no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim. The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) days by submitting a written letter of appeal to the County Administrator. The County Administrator shall render a decision within sixty (60) days of receipt of the appeal. No litigation shall be instituted prior to the exhaustion of the aforesaid claims process. The Contractor may not introduce factual matters in such litigation that were not set forth in the aforesaid claims process. Each party shall bear its own costs and expenses resulting from any litigation, including attorney’s fees. Any monies that become payable as the result of claim settlement after final payment will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement. The Contractor shall submit a certification with any claim using the following format: Pursuant to Code of Virginia, I hereby certify that this contract claim submission for the County of Loudoun Project Construction of the Xxxxxxx Xxxxxx Parkway Lovettsville Community Park Road Improvements (RFQ-88RFQ 391) is a true and accurate representation of additional costs and/or delays incurred by (name of Contractor) in the performance of the required contract work. Any statements made, and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Virginia Code for a Class 6 Felony.