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 term "subcontractor" includes all such contractors, laborers, mechanics, and persons furnishing materials, who do not contract with the owner but with the general contractor. As used in this chapter, the term "owner" shall not be construed to mean any person holding bare legal title under an instrument to secure a debt or indemnify a surety. As used in this chapter, the term "mechanics' lien agent" means a person (i) designated in writing by the owner of real estate or a person authorized to act on behalf of the owner of such real estate and (ii) who consents to act, as the owner's designee for purposes of receiving notice pursuant to § 43-4.01. Such person shall be an attorney at law licensed to practice in the Commonwealth, a title insurance company authorized to write title insurance in the Commonwealth or one of its subsidiaries or licensed title insurance agents, or a financial institution authorized to accept deposits and to hold itself out to the public as engaged in the banking or savings institution business in the Commonwealth or a service corporation, subsidiary or affiliate of such financial institution. Any such person may perform mechanics' lien agent services as any legal entity. Provided that nothing herein shall be construed to affect pending litigation.
Code 1919, § 6426; 1922, p. 867; 1932, p. 332; 1977, c. 294; 1992, cc. 779, 787; 1994, c. 382; 2010, c. 341.
Notes of Decisions
Loyola Fed. Sav. & Loan Ass'n v. Herndon Lumber & Millwork, Inc., 241 S.E.2d 752 (Va. 1978).
· cites it 5× “To recognize that a trustee is not an “owner” under § 43-4, one need only refer to other provisions of the mechanic’s lien laws, Code §§ 43-1 to -71. Section 43-1 provides that the term “general contractor” includes certain specified persons “who contract directly with the…”
Walt Robbins, Inc. v. Damon Corp., 348 S.E.2d 223 (Va. 1986).
· cites it 2× “In his report, the commissioner concluded that, although Damon’s and Lynn’s claims were valid, neither had perfected its lien in accordance with the mechanic’s liens statutes, Code § 43-1, et seq., and, thus, that the liens were unenforceable.”
Concrete Ready-Mix of Lynchburg, Inc. v. Cnty. Green Ltd. P'ship, 438 F. Supp. 701 (W.D. Va. 1977).
· cites it 4× “, § 43-1 (Supp. 1977): As used in this chapter the term “general contractor” shall include contractors, laborers, mechanics, and persons furnishing *705 materials, who contract directly with the owner and the term “subcontractor" shall include all such contractors, laborers,…”
Roanoke Hosp. Ass'n v. Doyle & Russell, Inc., 214 S.E.2d 155 (Va. 1975).
· cites it 2× “However, the time for filing mechanic’s liens had expired, see Code §§ 43-1 et seq. (Repl. Vol. 1970); there is nothing in the record concerning an-unsatisfied lien or unsecured claim against the owner; and the performance surety, a party litigant, did not file a counterclaim or…”
In Re Terry, 262 B.R. 657 (Bankr. E.D. Va. 2001).
· cites it 3× “Mechanics' and Certain Other Liens, Va. Code Ann. §§ 43-1 to 43-23.2 (Cumm. Supp.”
McDevitt & Street Co. v. Marriott Corp., 713 F. Supp. 906 (E.D. Va. 1989).
· cites it 2× “See Va.Code Ann. § 43-1 et seq. (1986). McDevitt’s claims for additional compensation focus on the following eight proposals.”
Fid. & Cas. Co. of New York v. First Nat'l Exch. Bank, 193 S.E.2d 678 (Va. 1973).
· cites it 4× “The final order entered June 2, 1971, from which these appeals were granted, denied relief to The First National Exchange Bank of Virginia (Bank) on its bill to enforce a mechanic’s lien under Code § 43-1 et seq. (Record No. 7878), and denied relief to The Fidelity and Casualty…”
Comstock Potomac Yard, L.C. v. Balfour Beatty Constr., LLC, 694 F. Supp. 2d 468 (E.D. Va. 2010).
“§§ 43-1 through § 43-23.2. Balfour filed a third party complaint to join all owners, lenders, and trustees named in the mechanic’s lien filings in the present action, and as a result, hundreds of parties were joined in this lawsuit.”
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