Virginia Code

Va. Code Ann. § 43-3 (2026)

Lien for work done and materials furnished; waiver of right to file or enforce lien

✓ current as of May 2026

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A. All persons performing labor or furnishing materials of the value of $150 or more, including the reasonable rental or use value of equipment, for the construction, removal, repair or improvement of any building or structure permanently annexed to the freehold, and all persons performing any labor or furnishing materials of like value for the construction of any railroad, shall have a lien, if perfected as hereinafter provided, upon such building or structure, and so much land therewith as shall be necessary for the convenient use and enjoyment thereof, and upon such railroad and franchises for the work done and materials furnished, subject to the provisions of § 43-20. But when the claim is for repairs or improvements to existing structures only, no lien shall attach to the property repaired or improved unless such repairs or improvements were ordered or authorized by the owner, or his agent.

If the building or structure being constructed, removed or repaired is part of a condominium as defined in § 55.1-1900 or under the Horizontal Property Act (§ 55.1-2000 et seq.), any person providing labor or furnishing material to one or more units or limited common elements within the condominium pursuant to a single contract may perfect a single lien encumbering the one or more units which are the subject of the contract or to which those limited common elements pertain, and for which payment has not been made. All persons providing labor or furnishing materials for the common elements pertaining to all the units may perfect a single lien encumbering all such condominium units. Whenever a lien has been or may be perfected encumbering two or more units, the proportionate amount of the indebtedness attributable to each unit shall be the ratio that the percentage liability for common expenses appertaining to that unit computed pursuant to subsection D of § 55.1-1964 bears to the total percentage liabilities for all units which are encumbered by the lien. The lien claimant shall release from a perfected lien an encumbered unit upon request of the unit owner as provided in subsection B of § 55.1-1908 upon receipt of payment equal to that portion of the indebtedness evidenced by the lien attributable to such unit determined as herein provided. In the event the lien is not perfected, the lien claimant shall upon request of any interested party execute lien releases for one or more units upon receipt of payment equal to that portion of the indebtedness attributable to such unit or units determined as herein provided but no such release shall preclude the lien claimant from perfecting a single lien against the unreleased unit or units for the remaining portion of the indebtedness.

B. Any person providing labor or materials for site development improvements or for streets, stormwater facilities, sanitary sewers or water lines for the purpose of providing access or service to the individual lots in a development or condominium units as defined in § 55.1-1900 or under the Horizontal Property Act (§ 55.1-2000 et seq.) shall have a lien on each individual lot in the development for the fractional part of the total value of the work contracted for by the claimant in the subdivision as is obtained by using "one" as the numerator and the number of lots being developed as the denominator and in the case of a condominium on each individual unit in an amount computed by reference to the liability of that unit for common expenses appertaining to that condominium pursuant to subsection D of § 55.1-1964, provided, however, that no such lien shall be valid as to any lot or condominium unit unless the person providing such work shall, prior to the sale of such lot or condominium unit, file with the clerk of the circuit court of the jurisdiction in which such land lies a document setting forth a full disclosure of the nature of the lien which may be claimed, the total value of the work contracted for by the claimant in the subdivision and the portion thereof allocated to each lot as required herein, and a description of the development or condominium, and shall, thereafter, comply with all other applicable provisions of this chapter. "Site development improvements" means improvements which are provided for the development, such as project site grading, traffic signalization, and installation of electric, gas, cable, or other utilities, for the benefit of the development rather than for an individual lot. In determining the individual lots in the development for the purpose of allocating value of the work contracted for by the claimant, parcels of land within the development which are common area, or which are being developed for the benefit of the development as a whole and not for resale, shall not be included in the denominator of the disclosure statement.

Nothing contained herein shall be construed to prevent the filing of a mechanics' lien under the provisions of subsection A, or require the lien claimant to elect under which subsection the lien may be enforced.

C. Any right to file or enforce any mechanics' lien granted hereunder may be waived in whole or in part at any time by any person entitled to such lien, except that a general contractor, subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights in a contract in advance of furnishing any labor, services, or materials. A provision that waives or diminishes a general contractor's, subcontractor's, lower-tier subcontractor's, or material supplier's lien rights in a contract executed prior to providing any labor, services, or materials is null and void. In the event that payments are made to the contractor without designating to which lot the payments are to be applied, the payments shall be deemed to apply to any lot previously sold by the developer such that the remaining lots continue to bear liability for an amount up to but not exceeding the amount set forth in any disclosure statement filed under the provisions of subsection B.

D. A person who performs labor without a valid license or certificate issued by the Board for Contractors pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, or without the proper class of license for the value of the work to be performed, when such a license or certificate is required by law for the labor performed shall not be entitled to a lien pursuant to this section.

Code 1919, § 6426; 1922, p. 867; 1932, p. 332; 1968, c. 568; 1979, cc. 360, 542; 1980, c. 449; 1992, cc. 72, 779, 787; 2002, c. 273; 2004, c. 240; 2010, c. 343; 2012, c. 523; 2013, c. 293; 2015, c. 748; 2018, cc. 79, 325.

Notes of Decisions

Cited in 82 cases (3 in the last 5 years), 1973–2025 · leading case: Rosser v. Cole, 379 S.E.2d 323 (Va. 1989).

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Rosser v. Cole, 379 S.E.2d 323 (Va. 1989). · cites it 38× “As pertinent here, § 43-3 provides: "(a) All persons performing labor or furnishing materials of the value of fifty dollars or more, for the construction, removal, repair or improvement of any building or structure permanently annexed to the freehold .”

West Alexandria Props., Inc. v. First Virginia Mortg. & Real Est. Inv. Trust, 267 S.E.2d 149 (Va. 1980). · cites it 10× “The court sustained FVM’s demurrer to this bill on the grounds that, assuming all the improvements were “structures” within the contemplation of Code § 43-3, the structures were not “annexed to” the liened land and that this land was not “necessary for the convenient use and…”

Concrete Structures, Inc. v. Tidewater Crane & Rigging Co. (In Re Concrete Structures, Inc.), 261 B.R. 627 (E.D. Va. 2001). · cites it 11× “These specified circumstances are set forth in Va.Code § 43-3. Then, section 43-4 provides the specifics of perfection, such as filing a memorandum of lien within 90 days of the completion of work, where to file such memorandum and what it should contain.”

United Masonry, Inc. v. Jefferson Mews, Inc., 237 S.E.2d 171 (Va. 1977). · cites it 8× “The defendants argue that the memorandum of lien fails to substantially comply with the provisions of Code §§ 43-3 and 43-4 15 because it does not apportion between the properties the value of the work performed and, therefore, creates no lien.”

Am. Stand. Homes Corp. v. Reinecke, 425 S.E.2d 515 (Va. 1993). · cites it 6× “*119 A lien created by Code § 43-3 is one in derogation of the common law.”

Dominion Trust Co. v. Kenbridge Constr. Co., 448 S.E.2d 659 (Va. 1994). · cites it 7× “* Code § 43-3 (A) states in relevant part: All persons performing labor or furnishing materials of the value of fifty dollars or more, for the construction, removal, repair or improvement of any building or structure permanently annexed to the freehold, and all persons…”

Woodington Elec., Inc. v. Lincoln Sav. & Loan Ass'n, 385 S.E.2d 872 (Va. 1989). · cites it 6× “We then wrote that the memorandum does not seek to secure the claim to the extent that plaintiff has added value to the individual units worked on, but attempts to lien other property not benefitted by such work.”

Walt Robbins, Inc. v. Damon Corp., 348 S.E.2d 223 (Va. 1986). · cites it 2× “437, 439 (1938) (construing statutory ancestors of Code §§ 43-3, -21). Because the proceeds of a judicial sale under a decree enforcing a mechanic’s lien may prove to be insufficient to pay both lien creditors in full, the beneficiary of an antecedent deed of trust has a…”

TQY Investments v. Rodgers Co., 26 Va. Cir. 40 (Fairfax Cir. Ct. 1991). · cites it 8× “*45 Section 43-3 of the Va. Code provides that the mechanic’s lien attaches only to the building or structure improved “and so much land therewith as shall be necessary for the convenient use and enjoyment thereof.”

In Re Thomas A. Cary, Inc., 412 F. Supp. 667 (E.D. Va. 1976). · cites it 4× “Factual variances peculiar to each defendant-appellee which may affect the outcome will be noted.”

Dallan Constr., Inc. v. Super Structures Gen. Contractors, Inc., 79 Va. Cir. 11 (Hanover Cir. Ct. 2009). · cites it 17× “The first is the fabrication of steel components for use in the planned building project. The building against *13 which the lien is asserted, however, does not contain a single piece of steel produced by Super Structures.”

B. T. Elec. Enter., Inc. v. ADC Fairways Corp., 4 Va. Cir. 48 (Fairfax Cir. Ct. 1981). · cites it 14× “Code Section 43-3, and the lien therefore was invalid.”

Show all 82 citing cases →

— Va. Code Ann. § 43-3(A) — 7 cases

Dominion Trust Co. v. Kenbridge Constr. Co., 448 S.E.2d 659 (Va. 1994). “* Code § 43-3 (A) states in relevant part: All persons performing labor or furnishing materials of the value of fifty dollars or more, for the construction, removal, repair or improvement of any building or structure permanently annexed to the freehold, and all persons…”

Desai v. A. R. Design Grp., Inc., 799 S.E.2d 506 (Va. 2017).

United Sav. Ass'n of Texas v. Jim Carpenter Co., 252 Va. 252 (Va. 1996).

Dallan Constr., Inc. v. Super Structures Gen. Contractors, Inc., 79 Va. Cir. 11 (Hanover Cir. Ct. 2009). “The first is the fabrication of steel components for use in the planned building project. The building against *13 which the lien is asserted, however, does not contain a single piece of steel produced by Super Structures.”

Summit Cmty. Bank v. Blue Ridge Shadows Hotel & Conf. Ctr., LLC, 428 B.R. 231 (W.D. Va. 2010).

— Va. Code Ann. § 43-3(B) — 3 cases

Roundtree, L.L.C. v. RAM Dev. Corp., 45 Va. Cir. 458 (Fairfax Cir. Ct. 1998).

Burton & Robinson, Inc. v. Harmon at Oakton, L.C., 56 Va. Cir. 1 (Fairfax Cir. Ct. 2001).

P. C. Goodloe & Son, Inc. v. Charter Communities, Inc., 44 Va. Cir. 193 (Stafford Cir. Ct. 1997).

— Va. Code Ann. § 43-3(C) — 1 case

First Am. Bank v. J.S.C. Concrete Constr., Inc., 523 S.E.2d 496 (Va. 2000).

— Va. Code Ann. § 43-3(a) — 8 cases

Rosser v. Cole, 379 S.E.2d 323 (Va. 1989). “As pertinent here, § 43-3 provides: "(a) All persons performing labor or furnishing materials of the value of fifty dollars or more, for the construction, removal, repair or improvement of any building or structure permanently annexed to the freehold .”

Woodington Elec., Inc. v. Lincoln Sav. & Loan Ass'n, 385 S.E.2d 872 (Va. 1989). “We then wrote that the memorandum does not seek to secure the claim to the extent that plaintiff has added value to the individual units worked on, but attempts to lien other property not benefitted by such work.”

B. T. Elec. Enter., Inc. v. ADC Fairways Corp., 4 Va. Cir. 48 (Fairfax Cir. Ct. 1981). “Code Section 43-3, and the lien therefore was invalid.”

Ashco Int'l, Inc. v. Westmore Shopping Ctr. Assocs., 42 Va. Cir. 427 (Fairfax Cir. Ct. 1997).

CTI Consultants, Inc. v. Mercure Dulles, Inc., 26 Va. Cir. 257 (Loudoun Cir. Ct. 1992).

— Va. Code Ann. § 43-3(b) — 9 cases

TQY Investments v. Rodgers Co., 26 Va. Cir. 40 (Fairfax Cir. Ct. 1991). “*45 Section 43-3 of the Va. Code provides that the mechanic’s lien attaches only to the building or structure improved “and so much land therewith as shall be necessary for the convenient use and enjoyment thereof.”

Valley Blox, Inc. v. Linpro Chantilly Land Ltd. P'ship, 22 Va. Cir. 364 (Fairfax Cir. Ct. 1991).

B. T. Elec. Enter., Inc. v. ADC Fairways Corp., 4 Va. Cir. 48 (Fairfax Cir. Ct. 1981). “Code Section 43-3, and the lien therefore was invalid.”

— Va. Code Ann. § 43-3(c) — 2 cases

United Masonry Inc. v. Riggs Nat'l Bank, 357 S.E.2d 509 (Va. 1987).

Cardinal Bank v. Britt Constr., Inc., 68 Va. Cir. 520 (Loudoun Cir. Ct. 2004).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.