Code of Virginia - Title 43 Mechanics' And Certain Other Liens - Chapter 1 Mechanics' And Materialmen's Liens
- 43-1 Definitions
As used in this chapter, the term "general contractor" includes contractors, laborers, mechanics, and persons furnishing materials, who contract directly with the owner, and the ...
- 43-2 Structures, materials, etc., deemed permanently annexed to freehold
For the purpose of this chapter, a well, excavation, sidewalk, driveway, pavement, parking lot, retaining wall, curb and/or gutter, breakwater (either salt or fresh water), ...
- 43-3 Lien for work done and materials furnished; waiver of right to file or enforce lien
A. All persons performing labor or furnishing materials of the value of $50 or more, including the reasonable rental or use value of equipment, for ...
- 43-4 Perfection of lien by general contractor; recordation and notice
A general contractor, or any other lien claimant under §§ 43-7 and 43-9, in order to perfect the lien given by § 43-3, provided such ...
- 43-4.01 Posting of building permit; identification of mechanics' lien agent in building permit; notice to m...
A. The building permit for any one- or two-family residential dwelling unit issued pursuant to the Uniform Statewide Building Code shall be conspicuously and continuously ...
- 43-4.1 Liens to be recorded in deed books and indexed in general index of deeds
Notwithstanding the provision of any other section of this title, or any other provision of law requiring documents to be recorded in the miscellaneous lien ...
- 43-5 Sufficiency of memorandum and affidavit required by { 43-4
The memorandum and affidavit required by § 43-4 shall be sufficient if substantially in form and effect as follows:
Memorandum for Mechanic's Lien Claimed by General Contractor.
Name of owner: ............
Address of owner: ............
Name of claimant: ............
Address of claimant: ............
...
- 43-6 Description unavailable
Repealed by Acts 1968, c. 568. ...
- 43-7 Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to ti...
A. Any subcontractor, in order to perfect the lien given him by § 43-3 shall comply with § 43-4, and in addition give notice in ...
- 43-8 Sufficiency of memorandum, affidavit and notice required by { 43-7
The memorandum, affidavit and notice required by § 43-7 shall be sufficient if substantially in form and effect as follows: Memorandum for Mechanic's Lien Claimed ...
- 43-9 Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent o...
Any person performing labor or furnishing materials for a subcontractor, in order to perfect the lien given him by § 43-3, shall comply with the ...
- 43-10 Sufficiency of memorandum, affidavit and notice required by { 43-9
The memorandum, affidavit and notice required by § 43-9 shall be sufficient if substantially in form and effect as follows:
Memorandum for Mechanic's Lien Claimed by Sub-subcontractor.
Name of owner: ............
Address of owner: ............
Name of general contractor (if any) and subcontractor:
...
- 43-11 How owner or general contractor made personally liable to subcontractor, laborer or materialma...
1. Any subcontractor or person furnishing labor or material to the general contractor or subcontractor, may give a preliminary notice in writing to the owner ...
- 43-12 Description unavailable
Repealed by Acts 1968, c. 568. ...
- 43-13 Funds paid to general contractor or subcontractor must be used to pay persons performing labor or f...
Any contractor or subcontractor or any officer, director or employee of such contractor or subcontractor who shall, with intent to defraud, retain or use the ...
- 43-13.1 Use of lien waiver form; forgery or signing without authority
Any person who knowingly presents a waiver of lien form to an owner, his agent, contractor, lender, or title company for the purpose of obtaining ...
- 43-13.2 When an affidavit or a signed statement of payment required of owner prior to sale
A person who is both the owner of a one- or two-family residential dwelling unit and either a developer of such property, a contractor in ...
- 43-13.3 An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalt...
Any person who is the owner of a one- or two-family residential dwelling unit not included within the scope of § 43-13.2 shall, at the ...
- 43-14 Description unavailable
Repealed by Acts 1968, c. 568. ...
- 43-14.1 Service of notices
Any notice authorized or required by this chapter, except the notice required by § 43-11, may be served by any sheriff or constable who shall ...
- 43-15 Inaccuracies in memorandum or description not affecting lien
No inaccuracy in the memorandum filed, or in the description of the property to be covered by the lien, shall invalidate the lien, if the ...
- 43-16 What owner may do when contractor fails or refuses to complete building, etc
If the owner is compelled to complete his building, structure, or railroad, or any part thereof undertaken by a general contractor in consequence of the ...
- 43-17 Limitation on suit to enforce lien
No suit to enforce any lien perfected under §§ 43-4, 43-5 and 43-7 to 43-10 shall be brought after six months from the time when ...
- 43-17.1 Hearing on validity of lien
Any party, having an interest in real property against which a lien has been filed, may, upon a showing of good cause, petition the court ...
- 43-18 Lien of general contractor to inure to benefit of subcontractor
The perfected lien of a general contractor on any building or structure shall inure to the benefit of any subcontractor, and of any person performing ...
- 43-19 Validity and priority of lien not affected by assignments
Every assignment or transfer by a general contractor, in whole or in part, of his contract with the owner or of any money or consideration ...
- 43-20 Extent of lien where owner has less than fee in land
Subject to the provisions of § 43-3, if the person who shall cause a building or structure to be erected or repaired owns less than ...
- 43-21 Priorities between mechanics' and other liens
No lien or encumbrance upon the land created before the work was commenced or materials furnished shall operate upon the building or structure erected thereon, ...
- 43-22 How liens enforced
The liens created and perfected under this chapter may be enforced in a court of equity by a bill filed in the county or city ...
- 43-23 Priority among liens perfected under this chapter
There shall be no priority among the liens created and perfected under this chapter, except that the lien of a subcontractor shall be preferred to ...
- 43-23.1 Forfeiture of lien
Any person who shall, with intent to mislead, include in his memorandum of lien work not performed upon, or materials not furnished for, the property ...
- 43-23.2 Remedies cumulative
The remedies afforded by this chapter shall be deemed cumulative in nature and not be construed to be in lieu of any other legal or ...
Last modified: April 3, 2009