{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/43-1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/43-1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/43-1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/43-1.html"}],"law_id":81902,"edition_id":1,"section_id":81902,"structure_id":14160,"section_number":"43-1","catch_line":"Definitions","history":"Code 1919, \u00a7 6426; 1922, p. 867; 1932, p. 332; 1977, c. 294; 1992, cc. 779, 787; 1994, c. 382; 2010, c. 341.","full_text":"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 \u00a7 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.","order_by":null,"text":{"0":{"id":293441,"text":"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 \u00a7 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14160,"edition_id":1,"name":"Mechanics' and Materialmen's Liens","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":14159,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":221267,"object_type":"structure","relational_id":14160,"identifier":"1","token":"43\/1","url":"\/43\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14159,"edition_id":1,"name":"Mechanics' and Certain Other Liens","identifier":"43","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":221265,"object_type":"structure","relational_id":14159,"identifier":"43","token":"43","url":"\/43\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81902,"structure_id":14160,"section_number":"43-1","catch_line":"Definitions","url":"\/43-1\/","token":"43\/1\/43-1","metadata":false},{"id":72410,"structure_id":14160,"section_number":"43-10","catch_line":"Sufficiency of memorandum, affidavit and notice required by \u00a7 43-9","url":"\/43-10\/","token":"43\/1\/43-10","metadata":false},{"id":55337,"structure_id":14160,"section_number":"43-11","catch_line":"How owner or general contractor made personally liable to subcontractor, laborer or materialman","url":"\/43-11\/","token":"43\/1\/43-11","metadata":false},{"id":79868,"structure_id":14160,"section_number":"43-12","catch_line":"Repealed","url":"\/43-12\/","token":"43\/1\/43-12","metadata":false},{"id":64540,"structure_id":14160,"section_number":"43-13","catch_line":"Funds paid to general contractor or subcontractor must be used to pay persons performing labor or furnishing material","url":"\/43-13\/","token":"43\/1\/43-13","metadata":false},{"id":69845,"structure_id":14160,"section_number":"43-13.1","catch_line":"Use of lien waiver form; forgery or signing without authority","url":"\/43-13.1\/","token":"43\/1\/43-13.1","metadata":false},{"id":86055,"structure_id":14160,"section_number":"43-13.2","catch_line":"When an affidavit or a signed statement of payment required of owner prior to sale","url":"\/43-13.2\/","token":"43\/1\/43-13.2","metadata":false},{"id":80570,"structure_id":14160,"section_number":"43-13.3","catch_line":"An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalty","url":"\/43-13.3\/","token":"43\/1\/43-13.3","metadata":false},{"id":79181,"structure_id":14160,"section_number":"43-14","catch_line":"Repealed","url":"\/43-14\/","token":"43\/1\/43-14","metadata":false},{"id":71794,"structure_id":14160,"section_number":"43-14.1","catch_line":"Service of notices","url":"\/43-14.1\/","token":"43\/1\/43-14.1","metadata":false},{"id":66035,"structure_id":14160,"section_number":"43-15","catch_line":"Inaccuracies in memorandum or description not affecting lien","url":"\/43-15\/","token":"43\/1\/43-15","metadata":false},{"id":55414,"structure_id":14160,"section_number":"43-16","catch_line":"What owner may do when contractor fails or refuses to complete building, etc","url":"\/43-16\/","token":"43\/1\/43-16","metadata":false},{"id":68827,"structure_id":14160,"section_number":"43-17","catch_line":"Limitation on suit to enforce lien","url":"\/43-17\/","token":"43\/1\/43-17","metadata":false},{"id":71472,"structure_id":14160,"section_number":"43-17.1","catch_line":"Hearing on validity of lien","url":"\/43-17.1\/","token":"43\/1\/43-17.1","metadata":false},{"id":57819,"structure_id":14160,"section_number":"43-18","catch_line":"Lien of general contractor to inure to benefit of subcontractor","url":"\/43-18\/","token":"43\/1\/43-18","metadata":false},{"id":58965,"structure_id":14160,"section_number":"43-19","catch_line":"Validity and priority of lien not affected by assignments","url":"\/43-19\/","token":"43\/1\/43-19","metadata":false},{"id":61935,"structure_id":14160,"section_number":"43-2","catch_line":"Structures, materials, etc., deemed permanently annexed to freehold","url":"\/43-2\/","token":"43\/1\/43-2","metadata":false},{"id":66681,"structure_id":14160,"section_number":"43-20","catch_line":"Extent of lien where owner has less than fee in land","url":"\/43-20\/","token":"43\/1\/43-20","metadata":false},{"id":66928,"structure_id":14160,"section_number":"43-21","catch_line":"Priorities between mechanics' and other liens","url":"\/43-21\/","token":"43\/1\/43-21","metadata":false},{"id":68364,"structure_id":14160,"section_number":"43-22","catch_line":"How liens enforced","url":"\/43-22\/","token":"43\/1\/43-22","metadata":false},{"id":72370,"structure_id":14160,"section_number":"43-23","catch_line":"Priority among liens perfected under this chapter","url":"\/43-23\/","token":"43\/1\/43-23","metadata":false},{"id":67717,"structure_id":14160,"section_number":"43-23.1","catch_line":"Forfeiture of lien","url":"\/43-23.1\/","token":"43\/1\/43-23.1","metadata":false},{"id":55321,"structure_id":14160,"section_number":"43-23.2","catch_line":"Remedies cumulative","url":"\/43-23.2\/","token":"43\/1\/43-23.2","metadata":false},{"id":75637,"structure_id":14160,"section_number":"43-3","catch_line":"Lien for work done and materials furnished; waiver of right to file or enforce lien","url":"\/43-3\/","token":"43\/1\/43-3","metadata":false},{"id":75853,"structure_id":14160,"section_number":"43-4","catch_line":"Perfection of lien by general contractor; recordation and notice","url":"\/43-4\/","token":"43\/1\/43-4","metadata":false},{"id":73387,"structure_id":14160,"section_number":"43-4.01","catch_line":"Posting of building permit; identification of mechanics' lien agent in building permit; notice to mechanics' lien agent; effect of notice","url":"\/43-4.01\/","token":"43\/1\/43-4.01","metadata":false},{"id":66257,"structure_id":14160,"section_number":"43-4.1","catch_line":"Liens to be recorded in deed books and indexed in general index of deeds","url":"\/43-4.1\/","token":"43\/1\/43-4.1","metadata":false},{"id":83985,"structure_id":14160,"section_number":"43-5","catch_line":"Sufficiency of memorandum and affidavit required by \u00a7 43-4","url":"\/43-5\/","token":"43\/1\/43-5","metadata":false},{"id":61637,"structure_id":14160,"section_number":"43-6","catch_line":"Repealed","url":"\/43-6\/","token":"43\/1\/43-6","metadata":false},{"id":79054,"structure_id":14160,"section_number":"43-7","catch_line":"Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates","url":"\/43-7\/","token":"43\/1\/43-7","metadata":false},{"id":81789,"structure_id":14160,"section_number":"43-8","catch_line":"Sufficiency of memorandum, affidavit and notice required by \u00a7 43-7","url":"\/43-8\/","token":"43\/1\/43-8","metadata":false},{"id":66394,"structure_id":14160,"section_number":"43-9","catch_line":"Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent of lien","url":"\/43-9\/","token":"43\/1\/43-9","metadata":false}],"next_section":{"id":72410,"structure_id":14160,"section_number":"43-10","catch_line":"Sufficiency of memorandum, affidavit and notice required by \u00a7 43-9","url":"\/43-10\/","token":"43\/1\/43-10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/43-1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 294; in 1992, chapters 779 and 787; in 1994, chapter 382<\/a>; in 2010, chapter 341<\/a>.<\/p>","references":[{"id":83058,"section_number":"11-2.4","catch_line":"Notice of possible filing of mechanics' lien required","order_by":null,"url":"\/11-2.4\/"},{"id":71739,"section_number":"11-4.1:1","catch_line":"Waiver of payment bond claims and contract claims; construction contracts","order_by":null,"url":"\/11-4.1_1\/"},{"id":81277,"section_number":"36-98.01","catch_line":"Mechanics' lien agent included on building permit for residential property at request of applicant","order_by":null,"url":"\/36-98.01\/"},{"id":73387,"section_number":"43-4.01","catch_line":"Posting of building permit; identification of mechanics' lien agent in building permit; notice to mechanics' lien agent; effect of notice","order_by":null,"url":"\/43-4.01\/"},{"id":83575,"section_number":"55.1-3201","catch_line":"Exemptions","order_by":null,"url":"\/55.1-3201\/"}],"refers_to":[{"id":73387,"section_number":"43-4.01","catch_line":"Posting of building permit; identification of mechanics' lien agent in building permit; notice to mechanics' lien agent; effect of notice","order_by":null,"url":"\/43-4.01\/"}],"permalink":{"id":221269,"object_type":"law","relational_id":81902,"identifier":"43-1","token":"43\/1\/43-1","url":"\/43-1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/43-1\/","token":"43\/1\/43-1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 43-1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, the term “general contractor” includes contractors, laborers, mechanics, and persons furnishing materials<\/span>, who contract<\/span> directly with the owner, and the term “subcontractor” includes all such contractors, laborers, mechanics, and persons furnishing materials<\/span>, who do not contract<\/span> 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<\/span>. As used in this chapter, the term “mechanics’ lien<\/span> 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 \u00a7 43-4.01<\/a>. Such person shall be an attorney at law<\/span> 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<\/span> agent services as any legal entity. Provided that nothing herein shall be construed to affect pending litigation<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 43-1)\n\nAs used in this chapter, the term “general contractor” includes\ncontractors, laborers, mechanics, and persons furnishing materials, who contract\ndirectly with the owner, and the term “subcontractor” includes all\nsuch contractors, laborers, mechanics, and persons furnishing materials, who do\nnot contract with the owner but with the general contractor. As used in this\nchapter, the term “owner” shall not be construed to mean any person\nholding bare legal title under an instrument to secure a debt or indemnify a\nsurety. As used in this chapter, the term “mechanics’ lien\nagent” means a person (i) designated in writing by the owner of real\nestate or a person authorized to act on behalf of the owner of such real estate\nand (ii) who consents to act, as the owner’s designee for purposes of\nreceiving notice pursuant to \u00a7 43-4.01. Such person shall be an attorney at law\nlicensed to practice in the Commonwealth, a title insurance company authorized\nto write title insurance in the Commonwealth or one of its subsidiaries or\nlicensed title insurance agents, or a financial institution authorized to accept\ndeposits and to hold itself out to the public as engaged in the banking or\nsavings institution business in the Commonwealth or a service corporation,\nsubsidiary or affiliate of such financial institution. Any such person may\nperform mechanics’ lien agent services as any legal entity. Provided that\nnothing herein shall be construed to affect pending litigation.\n\nHISTORY: Code 1919, \u00a7 6426; 1922, p. 867; 1932, p. 332; 1977, c. 294; 1992, cc.\n779, 787; 1994, c. 382; 2010, c. 341.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}