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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>75853</law_id><section_number>43-4</section_number><catch_line>Perfection of lien by general contractor; recordation and notice</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>43-17</reference><reference>43-25</reference><reference>43-5</reference><reference>43-7</reference><reference>43-9</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="43">Mechanics' and Certain Other Liens</unit><unit label="chapter" level="2" order_by="1" identifier="1">Mechanics' and Materialmen's Liens</unit></structure><text>
						<section><p>A general contractor, or any other <span class="dictionary">lien</span> claimant under &#xA7;&#xA7;&#xA0;<a class="law" title="Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates" href="/43-7/">43-7</a> and <a class="law" title="Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent of lien" href="/43-9/">43-9</a>, in <span class="dictionary">order</span> to perfect the <span class="dictionary">lien</span> given by &#xA7;&#xA0;<a class="law" title="Lien for work done and materials furnished; waiver of right to file or enforce lien" href="/43-3/">43-3</a>, provided such <span class="dictionary">lien</span> has not been barred by &#xA7;&#xA0;<a class="law" title="Posting of building permit; identification of mechanics' lien agent in building permit; notice to mechanics' lien agent; effect of notice" href="/43-4.01/">43-4.01</a> C, shall file a <span class="dictionary">memorandum</span> of <span class="dictionary">lien</span> at any time after the work is commenced or <span class="dictionary">material</span> furnished, but not later than 90 days from the last day of the month in which he last performs labor or furnishes <span class="dictionary">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 <span class="dictionary">memorandum</span> shall be filed in the clerk&#x2019;s office in the county or city in which the building, structure or railroad, or any part thereof is located. The <span class="dictionary">memorandum</span> shall show the names and addresses of the owner of the property sought to be charged, and of the claimant of the <span class="dictionary">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 <span class="dictionary">oath</span> of the claimant, or his agent, including a statement declaring his intention to claim the benefit of the <span class="dictionary">lien</span>, and giving a <span class="dictionary">brief</span> description of the property on which he claims a <span class="dictionary">lien</span>. The <span class="dictionary">memorandum</span> shall also contain the claimant&#x2019;s license or certificate number issued by the Board for Contractors pursuant to Chapter 11 (&#xA7;&#xA0;<a class="law" title="Definitions" href="/54.1-1100/">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 <span class="dictionary">memorandum</span> is filed to record and index the same as provided in &#xA7;&#xA0;<a class="law" title="Liens to be recorded in deed books and indexed in general index of deeds" href="/43-4.1/">43-4.1</a>, in the name of the claimant of the <span class="dictionary">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 <span class="dictionary">lien</span> claimant who is a general contractor, and not <span class="dictionary">lien</span> claimants under &#xA7;&#xA7;&#xA0;<a class="law" title="Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates" href="/43-7/">43-7</a> and <a class="law" title="Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent of lien" href="/43-9/">43-9</a>, also shall file along with the <span class="dictionary">memorandum</span> of <span class="dictionary">lien</span>, a certification of mailing of a copy of the <span class="dictionary">memorandum</span> of <span class="dictionary">lien</span> on the owner of the property at the owner&#x2019;s last known address. The cost of recording the <span class="dictionary">memorandum</span> shall be taxed against the person found liable in any <span class="dictionary">judgment</span> or <span class="dictionary">decree</span> enforcing such <span class="dictionary">lien</span>. The <span class="dictionary">lien</span> claimant may file any number of memoranda but no <span class="dictionary">memorandum</span> filed pursuant to this chapter shall include sums due for labor or <span class="dictionary">materials</span> furnished more than 150 days prior to the last day on which labor was performed or <span class="dictionary">material</span> furnished to the job preceding the filing of such <span class="dictionary">memorandum</span>. However, any <span class="dictionary">memorandum</span> may include (i) sums withheld as retainages with respect to labor performed or <span class="dictionary">materials</span> furnished at any time before it is filed, but not to exceed 10 percent of the total <span class="dictionary">contract</span> price and (ii) sums which are not yet due because the <span class="dictionary">party</span> with whom the <span class="dictionary">lien</span> claimant contracted has not yet received such funds from the owner or another third <span class="dictionary">party</span>. The time limitations set forth herein shall apply to all labor performed or <span class="dictionary">materials</span> furnished on construction commenced on or after July 1, 1980. An inaccuracy in the <span class="dictionary">memorandum</span> as to the claimant&#x2019;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 <span class="dictionary">lien</span> if the claimant can otherwise be reasonably identified in the records of the Board for Contractors.</p></section></text><history>Code 1919, &#xA7; 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.</history><metadata></metadata></law>
