{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/43-7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/43-7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/43-7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/43-7.html"}],"law_id":79054,"edition_id":1,"section_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","history":"Code 1919, \u00a7 6428; 1979, c. 412; 1984, c. 521.","full_text":"A\n\nAny subcontractor, in order to perfect the lien given him by § 43-3 shall comply with § 43-4, and in addition give notice in writing to the owner of the property or his agent of the amount and character of his claim. But the amount for which a subcontractor may perfect a lien under this section shall not exceed the amount in which the owner is indebted to the general contractor at the time the notice is given, or shall thereafter become indebted to the general contractor upon his contract with the general contractor for such structure or building or railroad. It shall be an affirmative defense or affirmative partial defense, as the case may be, to a suit to perfect a lien of a subcontractor that the owner is not indebted to the general contractor or is indebted to the general contractor for less than the amount of the lien sought to be perfected.B\n\nWhere the property referred to in subsection A hereof is a time-share unit, as defined by § 55.1-2200, the word “agent,” as used in subsection A, shall be deemed to include the developer, during the developer control period, or the time-share estate owners’ association, after the developer control period.\n\t\t\tWithin ten days of receipt of the notice, the developer or the time-share estate owners’ association shall mail by first class mail a copy of the notice to all time-share estate owners whose interests are affected by the subcontractor’s lien on the time-share unit. Failure on the part of the developer or time-share estate owners’ association to so notify the appropriate time-share estate owners within the time period set forth above shall result in the developer’s or the association’s being liable for the full amount of the subcontractor’s claim, but such failure shall not affect the validity of any lien perfected under this section. Assessments levied by the estate owners’ association to pay the liability hereby imposed shall be made only against the time-share estate owners of record in the time-share estate project at the time the liability was incurred.C\n\nWhere the property referred to in subsection A hereof is a time-share unit, as defined by § 55.1-2200, the memorandum required to be filed pursuant to § 43-4 need show only the name of the developer during the developer control period, or the time-share estate owners’ association, after the developer control period.","order_by":null,"text":{"0":{"id":283172,"text":"Any subcontractor, in order to perfect the lien given him by § 43-3 shall comply with § 43-4, and in addition give notice in writing to the owner of the property or his agent of the amount and character of his claim. But the amount for which a subcontractor may perfect a lien under this section shall not exceed the amount in which the owner is indebted to the general contractor at the time the notice is given, or shall thereafter become indebted to the general contractor upon his contract with the general contractor for such structure or building or railroad. It shall be an affirmative defense or affirmative partial defense, as the case may be, to a suit to perfect a lien of a subcontractor that the owner is not indebted to the general contractor or is indebted to the general contractor for less than the amount of the lien sought to be perfected.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283173,"text":"Where the property referred to in subsection A hereof is a time-share unit, as defined by § 55.1-2200, the word “agent,” as used in subsection A, shall be deemed to include the developer, during the developer control period, or the time-share estate owners’ association, after the developer control period.\n\t\t\tWithin ten days of receipt of the notice, the developer or the time-share estate owners’ association shall mail by first class mail a copy of the notice to all time-share estate owners whose interests are affected by the subcontractor’s lien on the time-share unit. Failure on the part of the developer or time-share estate owners’ association to so notify the appropriate time-share estate owners within the time period set forth above shall result in the developer’s or the association’s being liable for the full amount of the subcontractor’s claim, but such failure shall not affect the validity of any lien perfected under this section. Assessments levied by the estate owners’ association to pay the liability hereby imposed shall be made only against the time-share estate owners of record in the time-share estate project at the time the liability was incurred.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283174,"text":"Where the property referred to in subsection A hereof is a time-share unit, as defined by § 55.1-2200, the memorandum required to be filed pursuant to § 43-4 need show only the name of the developer during the developer control period, or the time-share estate owners’ association, after the developer control period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":61637,"structure_id":14160,"section_number":"43-6","catch_line":"Repealed","url":"\/43-6\/","token":"43\/1\/43-6","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/43-7\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1979, chapter 412; in 1984, chapter 521.<\/p>","references":[{"id":68827,"section_number":"43-17","catch_line":"Limitation on suit to enforce lien","order_by":null,"url":"\/43-17\/"},{"id":75853,"section_number":"43-4","catch_line":"Perfection of lien by general contractor; recordation and notice","order_by":null,"url":"\/43-4\/"},{"id":81789,"section_number":"43-8","catch_line":"Sufficiency of memorandum, affidavit and notice required by \u00a7 43-7","order_by":null,"url":"\/43-8\/"},{"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":75853,"section_number":"43-4","catch_line":"Perfection of lien by general contractor; recordation and notice","order_by":null,"url":"\/43-4\/"},{"id":56667,"section_number":"55.1-2200","catch_line":"Definitions","order_by":null,"url":"\/55.1-2200\/"}],"permalink":{"id":221385,"object_type":"law","relational_id":79054,"identifier":"43-7","token":"43\/1\/43-7","url":"\/43-7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/43-7\/","token":"43\/1\/43-7","dublin_core":{"Title":"Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates","Type":"Text","Format":"text\/html","Identifier":"\u00a7 43-7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any subcontractor, in order<\/span> to perfect the lien<\/span> given him by § 43-3<\/a> shall comply with § 43-4<\/a>, and in addition give notice in writing to the owner of the property or his agent of the amount and character of his claim. But the amount for which a subcontractor may perfect a lien<\/span> under this section shall not exceed the amount in which the owner is indebted to the general contractor at the time the notice is given, or shall thereafter become indebted to the general contractor upon his contract<\/span> with the general contractor for such structure or building or railroad. It shall be an affirmative defense<\/span> or affirmative partial defense, as the case may be, to a suit to perfect a lien<\/span> of a subcontractor that the owner is not indebted to the general contractor or is indebted to the general contractor for less than the amount of the lien<\/span> sought to be perfected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where the property referred to in subsection A hereof is a time-share unit, as defined by § 55.1-2200<\/a>, the word “agent,” as used in subsection A, shall be deemed to include the developer, during the developer control period, or the time-share estate owners’ association, after the developer control period.\n\t\t\tWithin ten days of receipt of the notice, the developer or the time-share estate owners’ association shall mail by first class mail a copy of the notice to all time-share estate owners whose interests are affected by the subcontractor’s lien<\/span> on the time-share unit. Failure on the part of the developer or time-share estate owners’ association to so notify the appropriate time-share estate owners within the time period set forth above shall result in the developer’s or the association’s being liable for the full amount of the subcontractor’s claim, but such failure shall not affect the validity of any lien<\/span> perfected under this section. Assessments levied by the estate owners’ association to pay the liability hereby imposed shall be made only against the time-share estate owners of record in the time-share estate project at the time the liability was incurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where the property referred to in subsection A hereof is a time-share unit, as defined by § 55.1-2200<\/a>, the memorandum<\/span> required to be filed pursuant to § 43-4<\/a> need show only the name of the developer during the developer control period, or the time-share estate owners’ association, after the developer control period. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERFECTION OF LIEN BY SUBCONTRACTOR; EXTENT OF LIEN; AFFIRMATIVE DEFENSE;\nPROVISIONS RELATING TO TIME-SHARE ESTATES (\u00a7 43-7)\n\nA. Any subcontractor, in order to perfect the lien given him by § 43-3\nshall comply with § 43-4, and in addition give notice in writing to the\nowner of the property or his agent of the amount and character of his claim. But\nthe amount for which a subcontractor may perfect a lien under this section shall\nnot exceed the amount in which the owner is indebted to the general contractor\nat the time the notice is given, or shall thereafter become indebted to the\ngeneral contractor upon his contract with the general contractor for such\nstructure or building or railroad. It shall be an affirmative defense or\naffirmative partial defense, as the case may be, to a suit to perfect a lien of\na subcontractor that the owner is not indebted to the general contractor or is\nindebted to the general contractor for less than the amount of the lien sought\nto be perfected.\n\nB. Where the property referred to in subsection A hereof is a time-share unit,\nas defined by § 55.1-2200, the word “agent,” as used in\nsubsection A, shall be deemed to include the developer, during the developer\ncontrol period, or the time-share estate owners’ association, after the\ndeveloper control period.\n\t\t\tWithin ten days of receipt of the notice, the developer or the time-share\nestate owners’ association shall mail by first class mail a copy of the\nnotice to all time-share estate owners whose interests are affected by the\nsubcontractor’s lien on the time-share unit. Failure on the part of the\ndeveloper or time-share estate owners’ association to so notify the\nappropriate time-share estate owners within the time period set forth above\nshall result in the developer’s or the association’s being liable\nfor the full amount of the subcontractor’s claim, but such failure shall\nnot affect the validity of any lien perfected under this section. Assessments\nlevied by the estate owners’ association to pay the liability hereby\nimposed shall be made only against the time-share estate owners of record in the\ntime-share estate project at the time the liability was incurred.\n\nC. Where the property referred to in subsection A hereof is a time-share unit,\nas defined by § 55.1-2200, the memorandum required to be filed pursuant to\n§ 43-4 need show only the name of the developer during the developer\ncontrol period, or the time-share estate owners’ association, after the\ndeveloper control period.\n\nHISTORY: Code 1919, \u00a7 6428; 1979, c. 412; 1984, c. 521.","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}}