{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/43-4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/43-4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/43-4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/43-4.html"}],"law_id":75853,"edition_id":1,"section_id":75853,"structure_id":14160,"section_number":"43-4","catch_line":"Perfection of lien by general contractor; recordation and notice","history":"Code 1919, \u00a7 6427; 1940, p. 401; 1968, c. 568; 1976, c. 413; 1980, c. 491; 1992, cc. 779, 787; 1999, c. 533; 2003, c. 698; 2007, c. 505; 2013, c. 293; 2019, c. 243.","full_text":"A general contractor, or any other lien claimant under \u00a7\u00a7 43-7 and 43-9, in order to perfect the lien given by \u00a7 43-3, provided such lien has not been barred by \u00a7 43-4.01 C, shall file a memorandum of lien at any time after the work is commenced or material furnished, but not later than 90 days from the last day of the month in which he last performs labor or furnishes material, and in no event later than 90 days from the time such building, structure, or railroad is completed, or the work thereon otherwise terminated. The memorandum shall be filed in the clerk’s office in the county or city in which the building, structure or railroad, or any part thereof is located. The memorandum shall show the names and addresses of the owner of the property sought to be charged, and of the claimant of the lien, the amount and consideration of his claim, the time or times when the same is or will be due and payable, and the date from which interest is claimed, verified by the oath of the claimant, or his agent, including a statement declaring his intention to claim the benefit of the lien, and giving a brief description of the property on which he claims a lien. The memorandum shall also contain the claimant’s license or certificate number issued by the Board for Contractors pursuant to Chapter 11 (\u00a7 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. It shall be the duty of the clerk in whose office the memorandum is filed to record and index the same as provided in \u00a7 43-4.1, in the name of the claimant of the lien and of the owner of the property. From the time of such recording and indexing all persons shall be deemed to have notice thereof. A lien claimant who is a general contractor, and not lien claimants under \u00a7\u00a7 43-7 and 43-9, also shall file along with the memorandum of lien, a certification of mailing of a copy of the memorandum of lien on the owner of the property at the owner’s last known address. The cost of recording the memorandum shall be taxed against the person found liable in any judgment or decree enforcing such lien. The lien claimant may file any number of memoranda but no memorandum filed pursuant to this chapter shall include sums due for labor or materials furnished more than 150 days prior to the last day on which labor was performed or material furnished to the job preceding the filing of such memorandum. However, any memorandum may include (i) sums withheld as retainages with respect to labor performed or materials furnished at any time before it is filed, but not to exceed 10 percent of the total contract price and (ii) sums which are not yet due because the party with whom the lien claimant contracted has not yet received such funds from the owner or another third party. The time limitations set forth herein shall apply to all labor performed or materials furnished on construction commenced on or after July 1, 1980. An inaccuracy in the memorandum as to the claimant’s license or certificate number, if any, the date such license or certificate was issued, or the date such license or certificate expires shall not bar a person from perfecting a lien if the claimant can otherwise be reasonably identified in the records of the Board for Contractors.","order_by":null,"text":{"0":{"id":272379,"text":"A general contractor, or any other lien claimant under \u00a7\u00a7 43-7 and 43-9, in order to perfect the lien given by \u00a7 43-3, provided such lien has not been barred by \u00a7 43-4.01 C, shall file a memorandum of lien at any time after the work is commenced or material furnished, but not later than 90 days from the last day of the month in which he last performs labor or furnishes material, and in no event later than 90 days from the time such building, structure, or railroad is completed, or the work thereon otherwise terminated. The memorandum shall be filed in the clerk’s office in the county or city in which the building, structure or railroad, or any part thereof is located. The memorandum shall show the names and addresses of the owner of the property sought to be charged, and of the claimant of the lien, the amount and consideration of his claim, the time or times when the same is or will be due and payable, and the date from which interest is claimed, verified by the oath of the claimant, or his agent, including a statement declaring his intention to claim the benefit of the lien, and giving a brief description of the property on which he claims a lien. The memorandum shall also contain the claimant’s license or certificate number issued by the Board for Contractors pursuant to Chapter 11 (\u00a7 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. It shall be the duty of the clerk in whose office the memorandum is filed to record and index the same as provided in \u00a7 43-4.1, in the name of the claimant of the lien and of the owner of the property. From the time of such recording and indexing all persons shall be deemed to have notice thereof. A lien claimant who is a general contractor, and not lien claimants under \u00a7\u00a7 43-7 and 43-9, also shall file along with the memorandum of lien, a certification of mailing of a copy of the memorandum of lien on the owner of the property at the owner’s last known address. The cost of recording the memorandum shall be taxed against the person found liable in any judgment or decree enforcing such lien. The lien claimant may file any number of memoranda but no memorandum filed pursuant to this chapter shall include sums due for labor or materials furnished more than 150 days prior to the last day on which labor was performed or material furnished to the job preceding the filing of such memorandum. However, any memorandum may include (i) sums withheld as retainages with respect to labor performed or materials furnished at any time before it is filed, but not to exceed 10 percent of the total contract price and (ii) sums which are not yet due because the party with whom the lien claimant contracted has not yet received such funds from the owner or another third party. The time limitations set forth herein shall apply to all labor performed or materials furnished on construction commenced on or after July 1, 1980. An inaccuracy in the memorandum as to the claimant’s license or certificate number, if any, the date such license or certificate was issued, or the date such license or certificate expires shall not bar a person from perfecting a lien if the claimant can otherwise be reasonably identified in the records of the Board for Contractors.","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}],"previous_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","url":"\/43-3\/","token":"43\/1\/43-3","metadata":false},"next_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","url":"\/43-4.01\/","token":"43\/1\/43-4.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/43-4\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1976, chapter 413; in 1980, chapter 491; in 1992, chapters 779 and 787; in 1999, chapter 533<\/a>; in 2003, chapter 698<\/a>; in 2007, chapter 505<\/a>; in 2013, chapter 293<\/a>; in 2019, chapter 243<\/a>.<\/p>","references":[{"id":68827,"section_number":"43-17","catch_line":"Limitation on suit to enforce lien","order_by":null,"url":"\/43-17\/"},{"id":78818,"section_number":"43-25","catch_line":"Perfection and enforcement of lien","order_by":null,"url":"\/43-25\/"},{"id":83985,"section_number":"43-5","catch_line":"Sufficiency of memorandum and affidavit required by \u00a7 43-4","order_by":null,"url":"\/43-5\/"},{"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":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":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":66257,"section_number":"43-4.1","catch_line":"Liens to be recorded in deed books and indexed in general index of deeds","order_by":null,"url":"\/43-4.1\/"},{"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\/"},{"id":85110,"section_number":"54.1-1100","catch_line":"Definitions","order_by":null,"url":"\/54.1-1100\/"}],"permalink":{"id":221365,"object_type":"law","relational_id":75853,"identifier":"43-4","token":"43\/1\/43-4","url":"\/43-4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/43-4\/","token":"43\/1\/43-4","dublin_core":{"Title":"Perfection of lien by general contractor; recordation and notice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 43-4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A general contractor, or any other lien<\/span> claimant under \u00a7\u00a7 43-7<\/a> and 43-9<\/a>, in order<\/span> to perfect the lien<\/span> given by \u00a7 43-3<\/a>, provided such lien<\/span> has not been barred by \u00a7 43-4.01<\/a> C, shall file a memorandum<\/span> of lien<\/span> at any time after the work is commenced or material<\/span> furnished, but not later than 90 days from the last day of the month in which he last performs labor or furnishes material<\/span>, and in no event later than 90 days from the time such building, structure, or railroad is completed, or the work thereon otherwise terminated. The memorandum<\/span> shall be filed in the clerk’s office in the county or city in which the building, structure or railroad, or any part thereof is located. The memorandum<\/span> shall show the names and addresses of the owner of the property sought to be charged, and of the claimant of the lien<\/span>, the amount and consideration of his claim, the time or times when the same is or will be due and payable, and the date from which interest is claimed, verified by the oath<\/span> of the claimant, or his agent, including a statement declaring his intention to claim the benefit of the lien<\/span>, and giving a brief<\/span> description of the property on which he claims a lien<\/span>. The memorandum<\/span> shall also contain the claimant’s license or certificate number issued by the Board for Contractors pursuant to Chapter 11 (\u00a7 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. It shall be the duty of the clerk in whose office the memorandum<\/span> is filed to record and index the same as provided in \u00a7 43-4.1<\/a>, in the name of the claimant of the lien<\/span> and of the owner of the property. From the time of such recording and indexing all persons shall be deemed to have notice thereof. A lien<\/span> claimant who is a general contractor, and not lien<\/span> claimants under \u00a7\u00a7 43-7<\/a> and 43-9<\/a>, also shall file along with the memorandum<\/span> of lien<\/span>, a certification of mailing of a copy of the memorandum<\/span> of lien<\/span> on the owner of the property at the owner’s last known address. The cost of recording the memorandum<\/span> shall be taxed against the person found liable in any judgment<\/span> or decree<\/span> enforcing such lien<\/span>. The lien<\/span> claimant may file any number of memoranda but no memorandum<\/span> filed pursuant to this chapter shall include sums due for labor or materials<\/span> furnished more than 150 days prior to the last day on which labor was performed or material<\/span> furnished to the job preceding the filing of such memorandum<\/span>. However, any memorandum<\/span> may include (i) sums withheld as retainages with respect to labor performed or materials<\/span> furnished at any time before it is filed, but not to exceed 10 percent of the total contract<\/span> price and (ii) sums which are not yet due because the party<\/span> with whom the lien<\/span> claimant contracted has not yet received such funds from the owner or another third party<\/span>. The time limitations set forth herein shall apply to all labor performed or materials<\/span> furnished on construction commenced on or after July 1, 1980. An inaccuracy in the memorandum<\/span> as to the claimant’s license or certificate number, if any, the date such license or certificate was issued, or the date such license or certificate expires shall not bar a person from perfecting a lien<\/span> if the claimant can otherwise be reasonably identified in the records of the Board for Contractors.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERFECTION OF LIEN BY GENERAL CONTRACTOR; RECORDATION AND NOTICE (\u00a7 43-4)\n\nA general contractor, or any other lien claimant under \u00a7\u00a7 43-7 and 43-9, in\norder to perfect the lien given by \u00a7 43-3, provided such lien has not been\nbarred by \u00a7 43-4.01 C, shall file a memorandum of lien at any time after the\nwork is commenced or material furnished, but not later than 90 days from the\nlast day of the month in which he last performs labor or furnishes material, and\nin no event later than 90 days from the time such building, structure, or\nrailroad is completed, or the work thereon otherwise terminated. The memorandum\nshall be filed in the clerk’s office in the county or city in which the\nbuilding, structure or railroad, or any part thereof is located. The memorandum\nshall show the names and addresses of the owner of the property sought to be\ncharged, and of the claimant of the lien, the amount and consideration of his\nclaim, the time or times when the same is or will be due and payable, and the\ndate from which interest is claimed, verified by the oath of the claimant, or\nhis agent, including a statement declaring his intention to claim the benefit of\nthe lien, and giving a brief description of the property on which he claims a\nlien. The memorandum shall also contain the claimant’s license or\ncertificate number issued by the Board for Contractors pursuant to Chapter 11\n(\u00a7 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. It\nshall be the duty of the clerk in whose office the memorandum is filed to record\nand index the same as provided in \u00a7 43-4.1, in the name of the claimant of the\nlien and of the owner of the property. From the time of such recording and\nindexing all persons shall be deemed to have notice thereof. A lien claimant who\nis a general contractor, and not lien claimants under \u00a7\u00a7 43-7 and 43-9, also\nshall file along with the memorandum of lien, a certification of mailing of a\ncopy of the memorandum of lien on the owner of the property at the owner’s\nlast known address. The cost of recording the memorandum shall be taxed against\nthe person found liable in any judgment or decree enforcing such lien. The lien\nclaimant may file any number of memoranda but no memorandum filed pursuant to\nthis chapter shall include sums due for labor or materials furnished more than\n150 days prior to the last day on which labor was performed or material\nfurnished to the job preceding the filing of such memorandum. However, any\nmemorandum may include (i) sums withheld as retainages with respect to labor\nperformed or materials furnished at any time before it is filed, but not to\nexceed 10 percent of the total contract price and (ii) sums which are not yet\ndue because the party with whom the lien claimant contracted has not yet\nreceived such funds from the owner or another third party. The time limitations\nset forth herein shall apply to all labor performed or materials furnished on\nconstruction commenced on or after July 1, 1980. An inaccuracy in the memorandum\nas to the claimant’s license or certificate number, if any, the date such\nlicense or certificate was issued, or the date such license or certificate\nexpires shall not bar a person from perfecting a lien if the claimant can\notherwise be reasonably identified in the records of the Board for Contractors.\n\nHISTORY: Code 1919, \u00a7 6427; 1940, p. 401; 1968, c. 568; 1976, c. 413; 1980, c.\n491; 1992, cc. 779, 787; 1999, c. 533; 2003, c. 698; 2007, c. 505; 2013, c. 293;\n2019, c. 243.","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}}