At any time after the perfecting of any such lien and before a suit be brought for the enforcement thereof, the owner of the property affected thereby, the general contractor or other parties in interest may, after five days' notice to the lienor, apply to the court having jurisdiction of a suit for the enforcement of such lien, or to the judge thereof in vacation, for permission to make such payment into court, or to file such bond, as prescribed in § 43-70, which permission, in either such event, shall be granted by such court, or judge, unless good cause be shown against the same by some party in interest. Upon the granting of such permission, and the payment of such money into court, or the filing of such bond, as the case may be, the property affected thereby shall stand released from such lien.
Such money, or bond, as the case may be, shall be held under the control of the court and shall be subject to the final judgment of the court adjudicating the lien or liens to be valid and determining the amount for which the same would have been enforceable against the real estate in any suit or action thereafter brought for the ascertainment of the rights of the parties in interest, with respect hereto, or, shall be paid out and disposed of as the parties in interest may direct, in the event the matters in controversy with respect thereto be settled and adjusted between the parties without suit or action.
The sureties on any such bond, which may be involved in any suit or action brought under the provisions of this section, shall be made parties to such suit or action.
1936, p. 493; Michie Code 1942, § 6437b; 1962, c. 166; 1976, c. 390; 1992, c. 532.
Notes of Decisions
George W. Kane, Inc. v. Nuscope, Inc., 416 S.E.2d 701 (Va. 1992).
· cites it 9× “The issue framed by the parties to this appeal is whether the owner of property encumbered by a subcontractor’s mechanic’s lien and the trustees and the beneficiary of a deed of trust recorded prior to commencement of the improvements are necessary parties to the subcontractor’s…”
Johnson Controls, Inc. v. Norair Eng'g Corp., 86 Va. Cir. 138 (Fairfax Cir. Ct. 2013).
· cites it 16× “On November 29, 2011, Norair petitioned the Court to substitute a bond for the lien pursuant to Va. Code § 43-71. That Code provision states as follows: At any time after the perfecting of any such lien and before a suit be brought for the enforcement thereof.”
Pax, Inc. v. Veolia Water North Am. Operating Servs., Inc., 347 F. Supp. 2d 281 (W.D. Va. 2004).
· cites it 4× “Thereafter, a decree was entered by the Circuit Court of Smyth County, Virginia, permitting Contractor to file a bond with corporate surety, in accordance with the “bonding-off’ procedure of Virginia mechanic’s lien law.”
SLM Concrete v. Rice, 24 Va. Cir. 132 (Fairfax Cir. Ct. 1991).
· cites it 6× “Code § 43-71 allows an owner of property to file a bond to release a lien from property before suit to enforce the lien.”
Fort Evans Assocs. v. Davis Buckley, P.C., 38 Va. Cir. 155 (Loudoun Cir. Ct. 1995).
“Until such time as the Court acts upon the instant pleading, the Petitioner, as counsel for Respondent has observed, has available the rights afforded pursuant to § 43-71, Code of Virginia. December 12, 1995 The instant petition was brought to determine the validity of a…”
ADS Constr., Inc. v. Bacon Constr. Co., 85 Va. Cir. 456 (Loudoun Cir. Ct. 2012).
· cites it 6× “The applicable statute, Virginia Code § 43-71, provides in relevant part that “[t]he sureties on any such bond, which may be involved in any suit or action brought under the provisions of this section, shall be made parties to such suit or action.”
Parten Paint & Drywall Co. v. Wells/Ashburn Venture, 29 Va. Cir. 117 (Loudoun Cir. Ct. 1992).
“Any attorney’s fees that might be owed by Parten to Lieding & Becker or the latter’s right to assert an attorney lien have absolutely nothing to do with the subject matter of this suit whether it be the claims involved or the real estate which is the subject of the suit. Lieding…”
Orndorff Masonry, Inc. v. Fox-Seko Constr. Co., 38 Va. Cir. 480 (Warren Cir. Ct. 1996).
· cites it 4× “This case came before the Court on the demurrers of the defendant general contractor and bonding company to a suit to enforce a mechanics’ lien against a bond posted pursuant to Virginia Code § 43-71. Defendants demurred to the Bill of Complaint on the ground that the Plaintiff…”
Harris v. CMANE Beaumeade Ltd. P'ship, 20 Va. Cir. 376 (Loudoun Cir. Ct. 1990).
· cites it 3× “Actually, it appears that the mechanic’s lien was bonded off under Code § 43-71 by decree entered January 24, 1990, in Chancery No.”
Inland Empire Dry Wall Supply Co. v. W. Sur. Co. (Wash. 2018).
“Va. Code Ann. § 43-71 explicitly states that "[t]he sureties on any [lien release] bond, which may be involved in any suit or action brought under the provisions ofthis section, shall be made parties to such suit or action.”
Inland Empire Dry Wall Supply Co. v. W. Sur. Co. (Wash. 2018).
“Va. Code Ann. § 43-71 explicitly states that "[t]he sureties on any [lien release] bond, which may be involved in any suit or action brought under the provisions ofthis section, shall be made parties to such suit or action.”
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