{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/43-3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/43-3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/43-3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/43-3.html"}],"law_id":75637,"edition_id":1,"section_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","history":"Code 1919, \u00a7 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.","full_text":"A\n\nAll 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.\n\t\t\tIf 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\n\nAny 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.\n\t\t\tNothing 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\n\nAny 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\n\nA 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.","order_by":null,"text":{"0":{"id":271653,"text":"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.\n\t\t\tIf 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271654,"text":"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.\n\t\t\tNothing 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":271655,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":271656,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/43-3\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1968, chapter 568; in 1979, chapters 360 and 542; in 1980, chapter 449; in 1992, chapters 72, 779, and 787; in 2002, chapter 273<\/a>; in 2004, chapter 240<\/a>; in 2010, chapter 343<\/a>; in 2012, chapter 523<\/a>; in 2013, chapter 293<\/a>; in 2015, chapter 748<\/a>; in 2018, chapters 79<\/a> and 325<\/a>.<\/p>","references":[{"id":66681,"section_number":"43-20","catch_line":"Extent of lien where owner has less than fee in land","order_by":null,"url":"\/43-20\/"},{"id":66928,"section_number":"43-21","catch_line":"Priorities between mechanics' and other liens","order_by":null,"url":"\/43-21\/"},{"id":62712,"section_number":"43-24","catch_line":"Liens of employees, suppliers, etc","order_by":null,"url":"\/43-24\/"},{"id":75853,"section_number":"43-4","catch_line":"Perfection of lien by general contractor; recordation and notice","order_by":null,"url":"\/43-4\/"},{"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":79054,"section_number":"43-7","catch_line":"Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates","order_by":null,"url":"\/43-7\/"},{"id":66394,"section_number":"43-9","catch_line":"Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent of lien","order_by":null,"url":"\/43-9\/"}],"refers_to":[{"id":66681,"section_number":"43-20","catch_line":"Extent of lien where owner has less than fee in land","order_by":null,"url":"\/43-20\/"},{"id":85110,"section_number":"54.1-1100","catch_line":"Definitions","order_by":null,"url":"\/54.1-1100\/"},{"id":55215,"section_number":"55.1-1900","catch_line":"Definitions","order_by":null,"url":"\/55.1-1900\/"},{"id":60125,"section_number":"55.1-1908","catch_line":"Release of liens","order_by":null,"url":"\/55.1-1908\/"},{"id":86524,"section_number":"55.1-1964","catch_line":"Liability for common expenses; late fees; additional assessment; authority to borrow","order_by":null,"url":"\/55.1-1964\/"},{"id":82636,"section_number":"55.1-2000","catch_line":"Definitions","order_by":null,"url":"\/55.1-2000\/"}],"permalink":{"id":221361,"object_type":"law","relational_id":75637,"identifier":"43-3","token":"43\/1\/43-3","url":"\/43-3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/43-3\/","token":"43\/1\/43-3","dublin_core":{"Title":"Lien for work done and materials furnished; waiver of right to file or enforce lien","Type":"Text","Format":"text\/html","Identifier":"\u00a7 43-3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All persons performing labor or furnishing materials<\/span> 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<\/span> of like value for the construction of any railroad, shall have a lien<\/span>, 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<\/span> furnished, subject to the provisions of § 43-20<\/a>. But when the claim is for repairs or improvements to existing structures only, no lien<\/span> shall attach to the property repaired or improved unless such repairs or improvements were ordered or authorized by the owner, or his agent.\n\t\t\tIf the building or structure being constructed, removed or repaired is part of a condominium as defined in § 55.1-1900<\/a> or under the Horizontal Property Act (§ 55.1-2000<\/a> et seq.), any person providing labor or furnishing material<\/span> to one<\/span> or more units or limited common elements within the condominium pursuant to a single contract<\/span> may perfect a single lien<\/span> encumbering the one<\/span> or more units which are the subject of the contract<\/span> or to which those limited common elements pertain, and for which payment has not been made. All persons providing labor or furnishing materials<\/span> for the common elements pertaining to all the units may perfect a single lien<\/span> encumbering all such condominium units. Whenever a lien<\/span> 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<\/a> bears to the total percentage liabilities for all units which are encumbered by the lien<\/span>. The lien<\/span> claimant shall release from a perfected lien<\/span> an encumbered unit upon request of the unit owner as provided in subsection B of § 55.1-1908<\/a> upon receipt of payment equal to that portion of the indebtedness evidenced by the lien<\/span> attributable to such unit determined as herein provided. In the event the lien<\/span> is not perfected, the lien<\/span> claimant shall upon request of any interested party<\/span> execute lien<\/span> releases for one<\/span> 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<\/span> claimant from perfecting a single lien<\/span> against the unreleased unit or units for the remaining portion of the indebtedness. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person providing labor or materials<\/span> for site development improvements<\/span> 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<\/a> or under the Horizontal Property Act (§ 55.1-2000<\/a> et seq.) shall have a lien<\/span> 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<\/span>” 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<\/a>, provided, however, that no such lien<\/span> 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<\/span> court<\/span> of the jurisdiction<\/span> in which such land lies a document setting forth a full disclosure of the nature of the lien<\/span> 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<\/span>” 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<\/span>.\n\t\t\tNothing contained herein shall be construed to prevent the filing of a mechanics’ lien<\/span> under the provisions of subsection A, or require the lien<\/span> claimant to elect under which subsection the lien<\/span> may be enforced. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any right to file or enforce any mechanics’ lien<\/span> granted hereunder may be waived in whole or in part at any time by any person entitled to such lien<\/span>, except that a general contractor, subcontractor, lower-tier subcontractor, or material<\/span> supplier may not waive<\/span> or diminish his lien<\/span> rights in a contract<\/span> in advance of furnishing any labor, services, or materials<\/span>. A provision that waives<\/span> or diminishes a general contractor’s, subcontractor’s, lower-tier subcontractor’s, or material<\/span> supplier’s lien<\/span> rights in a contract<\/span> executed prior to providing any labor, services, or materials<\/span> 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<\/span> filed under the provisions of subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A person who performs labor without a valid license or certificate issued by the Board for Contractors pursuant to Chapter 11 (§ 54.1-1100<\/a> 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<\/span> for the labor performed shall not be entitled to a lien<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIEN FOR WORK DONE AND MATERIALS FURNISHED; WAIVER OF RIGHT TO FILE OR ENFORCE\nLIEN (\u00a7 43-3)\n\nA. All persons performing labor or furnishing materials of the value of $150 or\nmore, including the reasonable rental or use value of equipment, for the\nconstruction, removal, repair or improvement of any building or structure\npermanently annexed to the freehold, and all persons performing any labor or\nfurnishing materials of like value for the construction of any railroad, shall\nhave a lien, if perfected as hereinafter provided, upon such building or\nstructure, and so much land therewith as shall be necessary for the convenient\nuse and enjoyment thereof, and upon such railroad and franchises for the work\ndone and materials furnished, subject to the provisions of § 43-20. But\nwhen the claim is for repairs or improvements to existing structures only, no\nlien shall attach to the property repaired or improved unless such repairs or\nimprovements were ordered or authorized by the owner, or his agent.\n\t\t\tIf the building or structure being constructed, removed or repaired is part\nof a condominium as defined in § 55.1-1900 or under the Horizontal Property\nAct (§ 55.1-2000 et seq.), any person providing labor or furnishing\nmaterial to one or more units or limited common elements within the condominium\npursuant to a single contract may perfect a single lien encumbering the one or\nmore units which are the subject of the contract or to which those limited\ncommon elements pertain, and for which payment has not been made. All persons\nproviding labor or furnishing materials for the common elements pertaining to\nall the units may perfect a single lien encumbering all such condominium units.\nWhenever a lien has been or may be perfected encumbering two or more units, the\nproportionate amount of the indebtedness attributable to each unit shall be the\nratio that the percentage liability for common expenses appertaining to that\nunit computed pursuant to subsection D of § 55.1-1964 bears to the total\npercentage liabilities for all units which are encumbered by the lien. The lien\nclaimant shall release from a perfected lien an encumbered unit upon request of\nthe unit owner as provided in subsection B of § 55.1-1908 upon receipt of\npayment equal to that portion of the indebtedness evidenced by the lien\nattributable to such unit determined as herein provided. In the event the lien\nis not perfected, the lien claimant shall upon request of any interested party\nexecute lien releases for one or more units upon receipt of payment equal to\nthat portion of the indebtedness attributable to such unit or units determined\nas herein provided but no such release shall preclude the lien claimant from\nperfecting a single lien against the unreleased unit or units for the remaining\nportion of the indebtedness.\n\nB. Any person providing labor or materials for site development improvements or\nfor streets, stormwater facilities, sanitary sewers or water lines for the\npurpose of providing access or service to the individual lots in a development\nor condominium units as defined in § 55.1-1900 or under the Horizontal\nProperty Act (§ 55.1-2000 et seq.) shall have a lien on each individual lot\nin the development for the fractional part of the total value of the work\ncontracted for by the claimant in the subdivision as is obtained by using\n“one” as the numerator and the number of lots being developed as the\ndenominator and in the case of a condominium on each individual unit in an\namount computed by reference to the liability of that unit for common expenses\nappertaining to that condominium pursuant to subsection D of § 55.1-1964,\nprovided, however, that no such lien shall be valid as to any lot or condominium\nunit unless the person providing such work shall, prior to the sale of such lot\nor condominium unit, file with the clerk of the circuit court of the\njurisdiction in which such land lies a document setting forth a full disclosure\nof the nature of the lien which may be claimed, the total value of the work\ncontracted for by the claimant in the subdivision and the portion thereof\nallocated to each lot as required herein, and a description of the development\nor condominium, and shall, thereafter, comply with all other applicable\nprovisions of this chapter. “Site development improvements” means\nimprovements which are provided for the development, such as project site\ngrading, traffic signalization, and installation of electric, gas, cable, or\nother utilities, for the benefit of the development rather than for an\nindividual lot. In determining the individual lots in the development for the\npurpose of allocating value of the work contracted for by the claimant, parcels\nof land within the development which are common area, or which are being\ndeveloped for the benefit of the development as a whole and not for resale,\nshall not be included in the denominator of the disclosure statement.\n\t\t\tNothing contained herein shall be construed to prevent the filing of a\nmechanics’ lien under the provisions of subsection A, or require the lien\nclaimant to elect under which subsection the lien may be enforced.\n\nC. Any right to file or enforce any mechanics’ lien granted hereunder may\nbe waived in whole or in part at any time by any person entitled to such lien,\nexcept that a general contractor, subcontractor, lower-tier subcontractor, or\nmaterial supplier may not waive or diminish his lien rights in a contract in\nadvance of furnishing any labor, services, or materials. A provision that waives\nor diminishes a general contractor’s, subcontractor’s, lower-tier\nsubcontractor’s, or material supplier’s lien rights in a contract\nexecuted prior to providing any labor, services, or materials is null and void.\nIn the event that payments are made to the contractor without designating to\nwhich lot the payments are to be applied, the payments shall be deemed to apply\nto any lot previously sold by the developer such that the remaining lots\ncontinue to bear liability for an amount up to but not exceeding the amount set\nforth in any disclosure statement filed under the provisions of subsection B.\n\nD. A person who performs labor without a valid license or certificate issued by\nthe Board for Contractors pursuant to Chapter 11 (§ 54.1-1100 et seq.) of\nTitle 54.1, or without the proper class of license for the value of the work to\nbe performed, when such a license or certificate is required by law for the\nlabor performed shall not be entitled to a lien pursuant to this section.\n\nHISTORY: Code 1919, \u00a7 6426; 1922, p. 867; 1932, p. 332; 1968, c. 568; 1979, cc.\n360, 542; 1980, c. 449; 1992, cc. 72, 779, 787; 2002, c. 273; 2004, c. 240;\n2010, c. 343; 2012, c. 523; 2013, c. 293; 2015, c. 748; 2018, cc. 79, 325.","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}}