{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/43-4.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/43-4.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/43-4.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/43-4.01.html"}],"law_id":73387,"edition_id":1,"section_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","history":"1992, cc. 779, 787; 2001, c. 532; 2010, c. 341; 2013, c. 293.","full_text":"A\n\nThe building permit for any one- or two-family residential dwelling unit issued pursuant to the Uniform Statewide Building Code shall be conspicuously and continuously posted on the property for which the permit is issued until all work is completed on the property. The permit shall be posted on the property before any labor is performed or any material furnished on the property for which the building permit is issued. Nothing herein shall be construed to prohibit a permit being amended after it has been initially issued to name a mechanics’ lien agent or a new mechanics’ lien agent.B\n\nIf the building permit contains the name, mailing address, and telephone number of the mechanics’ lien agent as defined in § 43-1, any person entitled to claim a lien under this title may notify the mechanics’ lien agent then named on the permit or amended permit that he seeks payment for labor performed or material furnished by registered or certified mail or by physical delivery. Such notice shall contain (i) the name, mailing address, and telephone number of the person sending such notice, (ii) the person’s license or certificate number issued by the Board for Contractors pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, if any, and the date such license or certificate was issued and the date such license or certificate expires, (iii) the building permit number on the building permit, (iv) a description of the property as shown on the building permit, and (v) a statement that the person filing such notice seeks payment for labor performed or material furnished. A return receipt or other receipt showing delivery of the notice to the addressee or written evidence that such notice was delivered by the postal service or other carrier to but not accepted by the addressee shall be prima facie evidence of receipt. An inaccuracy in the notice as to the description of the property shall not bar a person from claiming a lien under this title or filing a memorandum or otherwise perfecting or enforcing a lien as provided in subsection C if the property can otherwise be reasonably identified from the description.\n\t\t\tIn the event that the mechanics’ lien agent dies, resigns, or otherwise becomes unable or unwilling to serve during the construction period, the owner or the general contractor shall immediately appoint a successor mechanics’ lien agent with all the rights, duties, and obligations of the predecessor mechanics’ lien agent. An amended permit shall be displayed as provided in subsection A. Until such time as the successor is named and displayed as provided, notice given hereunder to the predecessor mechanics’ lien agent at the address shown shall be deemed good notice, notwithstanding the fact that the agent may have died, resigned or become otherwise unable or unwilling to serve.C\n\nExcept as provided otherwise in this subsection, no person other than a person claiming a lien under subsection B of § 43-3 may claim a lien under this title or file a memorandum or otherwise perfect and enforce a lien under this title with respect to a one or two family residential dwelling unit if such person fails to notify any mechanics’ lien agent identified on the building permit in accordance with subsection B above (i) within 30 days of the first date that he performs labor or furnishes material to or for the building or structure or (ii) within 30 days of the date such a permit is issued, if such labor or materials are first performed or furnished by such person prior to the issuance of a building permit. However, the failure to give any such notices within the appropriate 30-day period as required by the previous sentence shall not bar a person from claiming a lien under this title or from filing a memorandum or otherwise perfecting and enforcing a lien under this title, provided that such lien is limited to labor performed or materials furnished on or after the date a notice is given by such person to the mechanics’ lien agent in accordance with subsection B above. A person performing labor or furnishing materials with respect to a one or two family residential dwelling unit on which a building permit is not posted at the time he first performs his labor or first furnishes his material or, if posted, does not state the name of the mechanics’ lien agent, shall determine from appropriate authorities whether a permit of the type described in subsection B above has been issued, the date on which it is issued, and the name of the mechanics’ lien agent, if any, that has been appointed. The issuing authority shall maintain the mechanics’ lien agent information in the same manner and in the same location in which it maintains its record of building permits issued.\n\t\t\tNo person shall be required to comply with this subsection as to any memorandum of lien which is recorded prior to the issuance of a building permit nor shall any person be required to comply with this subsection when the building permit does not designate a mechanics’ lien agent.D\n\nUnless otherwise agreed in writing, the only duties of the mechanics’ lien agent shall be to receive notices delivered to him pursuant to subsection B and to provide any notice upon request to a settlement agent, as defined in § 55.1-900, involved in a transaction relating to the residential dwelling unit.E\n\nMechanics’ lien agents are authorized to enter into written agreements with third parties with regard to funds to be advanced to them for disbursement, and the transfer, disbursement, return and other handling of such funds shall be governed by the terms of such written agreements.F\n\nA mechanics’ lien agent as defined in § 43-1 may charge a reasonable fee for services rendered in connection with administration of notice authorized herein and the disbursement of funds for payment of labor and materials for the construction or repair of improvements on real estate.","order_by":null,"text":{"0":{"id":264100,"text":"The building permit for any one- or two-family residential dwelling unit issued pursuant to the Uniform Statewide Building Code shall be conspicuously and continuously posted on the property for which the permit is issued until all work is completed on the property. The permit shall be posted on the property before any labor is performed or any material furnished on the property for which the building permit is issued. Nothing herein shall be construed to prohibit a permit being amended after it has been initially issued to name a mechanics’ lien agent or a new mechanics’ lien agent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264101,"text":"If the building permit contains the name, mailing address, and telephone number of the mechanics’ lien agent as defined in § 43-1, any person entitled to claim a lien under this title may notify the mechanics’ lien agent then named on the permit or amended permit that he seeks payment for labor performed or material furnished by registered or certified mail or by physical delivery. Such notice shall contain (i) the name, mailing address, and telephone number of the person sending such notice, (ii) the person’s license or certificate number issued by the Board for Contractors pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, if any, and the date such license or certificate was issued and the date such license or certificate expires, (iii) the building permit number on the building permit, (iv) a description of the property as shown on the building permit, and (v) a statement that the person filing such notice seeks payment for labor performed or material furnished. A return receipt or other receipt showing delivery of the notice to the addressee or written evidence that such notice was delivered by the postal service or other carrier to but not accepted by the addressee shall be prima facie evidence of receipt. An inaccuracy in the notice as to the description of the property shall not bar a person from claiming a lien under this title or filing a memorandum or otherwise perfecting or enforcing a lien as provided in subsection C if the property can otherwise be reasonably identified from the description.\n\t\t\tIn the event that the mechanics’ lien agent dies, resigns, or otherwise becomes unable or unwilling to serve during the construction period, the owner or the general contractor shall immediately appoint a successor mechanics’ lien agent with all the rights, duties, and obligations of the predecessor mechanics’ lien agent. An amended permit shall be displayed as provided in subsection A. Until such time as the successor is named and displayed as provided, notice given hereunder to the predecessor mechanics’ lien agent at the address shown shall be deemed good notice, notwithstanding the fact that the agent may have died, resigned or become otherwise unable or unwilling to serve.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":264102,"text":"Except as provided otherwise in this subsection, no person other than a person claiming a lien under subsection B of § 43-3 may claim a lien under this title or file a memorandum or otherwise perfect and enforce a lien under this title with respect to a one or two family residential dwelling unit if such person fails to notify any mechanics’ lien agent identified on the building permit in accordance with subsection B above (i) within 30 days of the first date that he performs labor or furnishes material to or for the building or structure or (ii) within 30 days of the date such a permit is issued, if such labor or materials are first performed or furnished by such person prior to the issuance of a building permit. However, the failure to give any such notices within the appropriate 30-day period as required by the previous sentence shall not bar a person from claiming a lien under this title or from filing a memorandum or otherwise perfecting and enforcing a lien under this title, provided that such lien is limited to labor performed or materials furnished on or after the date a notice is given by such person to the mechanics’ lien agent in accordance with subsection B above. A person performing labor or furnishing materials with respect to a one or two family residential dwelling unit on which a building permit is not posted at the time he first performs his labor or first furnishes his material or, if posted, does not state the name of the mechanics’ lien agent, shall determine from appropriate authorities whether a permit of the type described in subsection B above has been issued, the date on which it is issued, and the name of the mechanics’ lien agent, if any, that has been appointed. The issuing authority shall maintain the mechanics’ lien agent information in the same manner and in the same location in which it maintains its record of building permits issued.\n\t\t\tNo person shall be required to comply with this subsection as to any memorandum of lien which is recorded prior to the issuance of a building permit nor shall any person be required to comply with this subsection when the building permit does not designate a mechanics’ lien agent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":264103,"text":"Unless otherwise agreed in writing, the only duties of the mechanics’ lien agent shall be to receive notices delivered to him pursuant to subsection B and to provide any notice upon request to a settlement agent, as defined in § 55.1-900, involved in a transaction relating to the residential dwelling unit.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":264104,"text":"Mechanics’ lien agents are authorized to enter into written agreements with third parties with regard to funds to be advanced to them for disbursement, and the transfer, disbursement, return and other handling of such funds shall be governed by the terms of such written agreements.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":264105,"text":"A mechanics’ lien agent as defined in § 43-1 may charge a reasonable fee for services rendered in connection with administration of notice authorized herein and the disbursement of funds for payment of labor and materials for the construction or repair of improvements on real estate.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/43-4.01\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapters 779 and 787 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 2001, chapter 532<\/a>; in 2010, chapter 341<\/a>; in 2013, chapter 293<\/a>.<\/p>","references":[{"id":81902,"section_number":"43-1","catch_line":"Definitions","order_by":null,"url":"\/43-1\/"},{"id":75853,"section_number":"43-4","catch_line":"Perfection of lien by general contractor; recordation and notice","order_by":null,"url":"\/43-4\/"}],"refers_to":[{"id":81902,"section_number":"43-1","catch_line":"Definitions","order_by":null,"url":"\/43-1\/"},{"id":75637,"section_number":"43-3","catch_line":"Lien for work done and materials furnished; waiver of right to file or enforce lien","order_by":null,"url":"\/43-3\/"},{"id":85110,"section_number":"54.1-1100","catch_line":"Definitions","order_by":null,"url":"\/54.1-1100\/"},{"id":79247,"section_number":"55.1-900","catch_line":"Definitions","order_by":null,"url":"\/55.1-900\/"}],"permalink":{"id":221369,"object_type":"law","relational_id":73387,"identifier":"43-4.01","token":"43\/1\/43-4.01","url":"\/43-4.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/43-4.01\/","token":"43\/1\/43-4.01","dublin_core":{"Title":"Posting of building permit; identification of mechanics’ lien agent in building permit; notice to mechanics’ lien agent; effect of notice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 43-4.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The building permit for any one- or two-family residential dwelling unit issued pursuant to the Uniform Statewide Building Code shall be conspicuously and continuously posted on the property for which the permit is issued until all work is completed on the property. The permit shall be posted on the property before any labor is performed or any material<\/span> furnished on the property for which the building permit is issued. Nothing herein shall be construed to prohibit a permit being amended after it has been initially issued to name a mechanics’ lien<\/span> agent or a new mechanics’ lien<\/span> agent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the building permit contains the name, mailing address, and telephone number of the mechanics’ lien<\/span> agent as defined in § 43-1<\/a>, any person entitled to claim a lien<\/span> under this title may notify the mechanics’ lien<\/span> agent then named on the permit or amended permit that he seeks payment for labor performed or material<\/span> furnished by registered or certified mail or by physical delivery. Such notice shall contain (i) the name, mailing address, and telephone number of the person sending such notice, (ii) the person’s license or certificate number issued by the Board for Contractors pursuant to Chapter 11 (§ 54.1-1100<\/a> et seq.) of Title 54.1, if any, and the date such license or certificate was issued and the date such license or certificate expires, (iii) the building permit number on the building permit, (iv) a description of the property as shown on the building permit, and (v) a statement that the person filing such notice seeks payment for labor performed or material<\/span> furnished. A return receipt or other receipt showing delivery of the notice to the addressee or written evidence<\/span> that such notice was delivered by the postal service or other carrier to but not accepted by the addressee shall be prima facie evidence<\/span> of receipt. An inaccuracy in the notice as to the description of the property shall not bar a person from claiming a lien<\/span> under this title or filing a memorandum<\/span> or otherwise perfecting or enforcing a lien<\/span> as provided in subsection C if the property can otherwise be reasonably identified from the description.\n\t\t\tIn the event that the mechanics’ lien<\/span> agent dies, resigns, or otherwise becomes unable or unwilling to serve during the construction period, the owner or the general contractor shall immediately appoint a successor mechanics’ lien<\/span> agent with all the rights, duties, and obligations of the predecessor mechanics’ lien<\/span> agent. An amended permit shall be displayed as provided in subsection A. Until such time as the successor is named and displayed as provided, notice given hereunder to the predecessor mechanics’ lien<\/span> agent at the address shown shall be deemed good notice, notwithstanding the fact<\/span> that the agent may have died, resigned or become otherwise unable or unwilling to serve. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as provided otherwise in this subsection, no person other than a person claiming a lien<\/span> under subsection B of § 43-3<\/a> may claim a lien<\/span> under this title or file a memorandum<\/span> or otherwise perfect and enforce a lien<\/span> under this title with respect to a one or two family residential dwelling unit if such person fails to notify any mechanics’ lien<\/span> agent identified on the building permit in accordance with subsection B above (i) within 30 days of the first date that he performs labor or furnishes material<\/span> to or for the building or structure or (ii) within 30 days of the date such a permit is issued, if such labor or materials<\/span> are first performed or furnished by such person prior to the issuance of a building permit. However, the failure to give any such notices within the appropriate 30-day period as required by the previous sentence shall not bar a person from claiming a lien<\/span> under this title or from filing a memorandum<\/span> or otherwise perfecting and enforcing a lien<\/span> under this title, provided that such lien<\/span> is limited to labor performed or materials<\/span> furnished on or after the date a notice is given by such person to the mechanics’ lien<\/span> agent in accordance with subsection B above. A person performing labor or furnishing materials<\/span> with respect to a one or two family residential dwelling unit on which a building permit is not posted at the time he first performs his labor or first furnishes his material<\/span> or, if posted, does not state the name of the mechanics’ lien<\/span> agent, shall determine from appropriate authorities whether a permit of the type described in subsection B above has been issued, the date on which it is issued, and the name of the mechanics’ lien<\/span> agent, if any, that has been appointed. The issuing authority shall maintain the mechanics’ lien<\/span> agent information in the same manner and in the same location in which it maintains its record of building permits issued.\n\t\t\tNo person shall be required to comply with this subsection as to any memorandum<\/span> of lien<\/span> which is recorded prior to the issuance of a building permit nor shall any person be required to comply with this subsection when the building permit does not designate a mechanics’ lien<\/span> agent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Unless otherwise agreed in writing, the only duties of the mechanics’ lien<\/span> agent shall be to receive notices delivered to him pursuant to subsection B and to provide any notice upon request to a settlement<\/span> agent, as defined in § 55.1-900<\/a>, involved in a transaction relating to the residential dwelling unit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Mechanics’ lien<\/span> agents are authorized to enter into written agreements with third parties with regard to funds to be advanced to them for disbursement, and the transfer, disbursement, return and other handling of such funds shall be governed by the terms of such written agreements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A mechanics’ lien<\/span> agent as defined in § 43-1<\/a> may charge a reasonable fee for services rendered in connection with administration of notice authorized herein and the disbursement of funds for payment of labor and materials<\/span> for the construction or repair of improvements on real estate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOSTING OF BUILDING PERMIT; IDENTIFICATION OF MECHANICS’ LIEN AGENT IN\nBUILDING PERMIT; NOTICE TO MECHANICS’ LIEN AGENT; EFFECT OF NOTICE (\u00a7\n43-4.01)\n\nA. The building permit for any one- or two-family residential dwelling unit\nissued pursuant to the Uniform Statewide Building Code shall be conspicuously\nand continuously posted on the property for which the permit is issued until all\nwork is completed on the property. The permit shall be posted on the property\nbefore any labor is performed or any material furnished on the property for\nwhich the building permit is issued. Nothing herein shall be construed to\nprohibit a permit being amended after it has been initially issued to name a\nmechanics’ lien agent or a new mechanics’ lien agent.\n\nB. If the building permit contains the name, mailing address, and telephone\nnumber of the mechanics’ lien agent as defined in § 43-1, any person\nentitled to claim a lien under this title may notify the mechanics’ lien\nagent then named on the permit or amended permit that he seeks payment for labor\nperformed or material furnished by registered or certified mail or by physical\ndelivery. Such notice shall contain (i) the name, mailing address, and telephone\nnumber of the person sending such notice, (ii) the person’s license or\ncertificate number issued by the Board for Contractors pursuant to Chapter 11\n(§ 54.1-1100 et seq.) of Title 54.1, if any, and the date such license or\ncertificate was issued and the date such license or certificate expires, (iii)\nthe building permit number on the building permit, (iv) a description of the\nproperty as shown on the building permit, and (v) a statement that the person\nfiling such notice seeks payment for labor performed or material furnished. A\nreturn receipt or other receipt showing delivery of the notice to the addressee\nor written evidence that such notice was delivered by the postal service or\nother carrier to but not accepted by the addressee shall be prima facie evidence\nof receipt. An inaccuracy in the notice as to the description of the property\nshall not bar a person from claiming a lien under this title or filing a\nmemorandum or otherwise perfecting or enforcing a lien as provided in subsection\nC if the property can otherwise be reasonably identified from the description.\n\t\t\tIn the event that the mechanics’ lien agent dies, resigns, or otherwise\nbecomes unable or unwilling to serve during the construction period, the owner\nor the general contractor shall immediately appoint a successor mechanics’\nlien agent with all the rights, duties, and obligations of the predecessor\nmechanics’ lien agent. An amended permit shall be displayed as provided in\nsubsection A. Until such time as the successor is named and displayed as\nprovided, notice given hereunder to the predecessor mechanics’ lien agent\nat the address shown shall be deemed good notice, notwithstanding the fact that\nthe agent may have died, resigned or become otherwise unable or unwilling to\nserve.\n\nC. Except as provided otherwise in this subsection, no person other than a\nperson claiming a lien under subsection B of § 43-3 may claim a lien under\nthis title or file a memorandum or otherwise perfect and enforce a lien under\nthis title with respect to a one or two family residential dwelling unit if such\nperson fails to notify any mechanics’ lien agent identified on the\nbuilding permit in accordance with subsection B above (i) within 30 days of the\nfirst date that he performs labor or furnishes material to or for the building\nor structure or (ii) within 30 days of the date such a permit is issued, if such\nlabor or materials are first performed or furnished by such person prior to the\nissuance of a building permit. However, the failure to give any such notices\nwithin the appropriate 30-day period as required by the previous sentence shall\nnot bar a person from claiming a lien under this title or from filing a\nmemorandum or otherwise perfecting and enforcing a lien under this title,\nprovided that such lien is limited to labor performed or materials furnished on\nor after the date a notice is given by such person to the mechanics’ lien\nagent in accordance with subsection B above. A person performing labor or\nfurnishing materials with respect to a one or two family residential dwelling\nunit on which a building permit is not posted at the time he first performs his\nlabor or first furnishes his material or, if posted, does not state the name of\nthe mechanics’ lien agent, shall determine from appropriate authorities\nwhether a permit of the type described in subsection B above has been issued,\nthe date on which it is issued, and the name of the mechanics’ lien agent,\nif any, that has been appointed. The issuing authority shall maintain the\nmechanics’ lien agent information in the same manner and in the same\nlocation in which it maintains its record of building permits issued.\n\t\t\tNo person shall be required to comply with this subsection as to any\nmemorandum of lien which is recorded prior to the issuance of a building permit\nnor shall any person be required to comply with this subsection when the\nbuilding permit does not designate a mechanics’ lien agent.\n\nD. Unless otherwise agreed in writing, the only duties of the mechanics’\nlien agent shall be to receive notices delivered to him pursuant to subsection B\nand to provide any notice upon request to a settlement agent, as defined in\n§ 55.1-900, involved in a transaction relating to the residential dwelling\nunit.\n\nE. Mechanics’ lien agents are authorized to enter into written agreements\nwith third parties with regard to funds to be advanced to them for disbursement,\nand the transfer, disbursement, return and other handling of such funds shall be\ngoverned by the terms of such written agreements.\n\nF. A mechanics’ lien agent as defined in § 43-1 may charge a\nreasonable fee for services rendered in connection with administration of notice\nauthorized herein and the disbursement of funds for payment of labor and\nmaterials for the construction or repair of improvements on real estate.\n\nHISTORY: 1992, cc. 779, 787; 2001, c. 532; 2010, c. 341; 2013, c. 293.","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}}