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 writing to the owner of the property or his agent of the amount and character of his claim. But the amount for which a subcontractor may perfect a lien under this section shall not exceed the amount in which the owner is indebted to the general contractor at the time the notice is given, or shall thereafter become indebted to the general contractor upon his contract with the general contractor for such structure or building or railroad. It shall be an affirmative defense or affirmative partial defense, as the case may be, to a suit to perfect a lien of a subcontractor that the owner is not indebted to the general contractor or is indebted to the general contractor for less than the amount of the lien sought to be perfected.
B. Where the property referred to in subsection A hereof is a time-share unit, as defined by § 55.1-2200, the word "agent," as used in subsection A, shall be deemed to include the developer, during the developer control period, or the time-share estate owners' association, after the developer control period.
Within ten days of receipt of the notice, the developer or the time-share estate owners' association shall mail by first class mail a copy of the notice to all time-share estate owners whose interests are affected by the subcontractor's lien on the time-share unit. Failure on the part of the developer or time-share estate owners' association to so notify the appropriate time-share estate owners within the time period set forth above shall result in the developer's or the association's being liable for the full amount of the subcontractor's claim, but such failure shall not affect the validity of any lien perfected under this section. Assessments levied by the estate owners' association to pay the liability hereby imposed shall be made only against the time-share estate owners of record in the time-share estate project at the time the liability was incurred.
C. Where the property referred to in subsection A hereof is a time-share unit, as defined by § 55.1-2200, the memorandum required to be filed pursuant to § 43-4 need show only the name of the developer during the developer control period, or the time-share estate owners' association, after the developer control period.
Code 1919, § 6428; 1979, c. 412; 1984, c. 521.
Notes of Decisions
BRITT CONST., INC. v. Magazzine Clean, LLC, 623 S.E.2d 886 (Va. 2006).
· cites it 6× “4 See Code §§ 43-7 and -9. Britt contends that because Code § 43-4 does not contain similar express language, the General Assembly did not intend to impose such a requirement in this statute.”
Thompson v. Air Power, Inc., 448 S.E.2d 598 (Va. 1994).
· cites it 12× “sold to a bona fide purchaser for value prior to the lien’s reinstatement; (2) that the liens of A&P and Precast are unenforceable because the suits to enforce the liens were filed beyond the six-month limitations period established in Code § 43-17; and (3) that the trial court…”
Mills v. Moore's Super Stores, 227 S.E.2d 719 (Va. 1976).
· cites it 6× “The owners first argue that the appellees failed to perfect their liens in compliance with the provisions of Code § 43-7. 1 This statute requires that a subcontractor follow the procedure provided for general contractors in Code § 43-4, 2 and in addition give written notice to…”
Concrete Ready-Mix of Lynchburg, Inc. v. Cnty. Green Ltd. P'ship, 438 F. Supp. 701 (W.D. Va. 1977).
· cites it 3× “A subcontractor may perfect a lien by taking all the steps required for perfection by a general contractor, and, in addition, he must give notice in writing to the owner of the property or his agent of the amount and character of his claim, but the amount of his claim cannot…”
TQY Investments v. Rodgers Co., 26 Va. Cir. 40 (Fairfax Cir. Ct. 1991).
· cites it 5× “§ 43 - *41 4 (1990), a subcontractor must do so, see Va. Code Ann. § 43-7 (1990). Rodgers, as subcontractor, filed its memorandum against Bogle on November 5,1990.”
Knight v. Ferrante, 117 S.E.2d 283 (Va. 1960).
· cites it 4× “Under § 43-7 the subcontractor may perfect his own independent lien.”
Solite Masonry Units Corp. v. Piland Constr. Co., 232 S.E.2d 759 (Va. 1977).
· cites it 2× “” The section is remedial in character, its language is broad and inclusive, and it was enacted to afford protection to materialmen and subcontractors who cannot avail themselves of the provisions of Code §§ 43-7 and 43-9, since mechanic’s liens cannot be perfected against…”
Kayhoe Constr. Corp. v. United Virginia Bank, 257 S.E.2d 837 (Va. 1979).
· cites it 2× “Code § 43-7 provides that the amount for which a subcontractor may perfect a lien “shall not exceed the amount in which the owner is indebted to the general contractor at the time the notice is given, or shall thereafter become indebted to the general contractor upon his con…”
— Va. Code Ann. § 43-7(A) — 1 case
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