                                 CODE OF VIRGINIA

HOW OWNER OR GENERAL CONTRACTOR MADE PERSONALLY LIABLE TO SUBCONTRACTOR, LABORER
OR MATERIALMAN (§ 43-11)

1. Any subcontractor or person furnishing labor or material to the general
contractor or subcontractor, may give a preliminary notice in writing to the
owner or his agent or the general contractor, stating the nature and character
of his contract and the probable amount of his claim.

2. Additionally, if such subcontractor, or person furnishing labor or material
shall at any time after the work is done or material furnished by him and before
the expiration of thirty days from the time such building or structure is
completed or the work thereon otherwise terminated furnish the owner thereof or
his agent and also the general contractor, or the general contractor alone in
case he is the only one notified, with a second notice stating a correct
account, verified by affidavit, of his actual claim against the general
contractor or subcontractor, for work done or materials furnished and of the
amount due, then the owner, or the general contractor, if he alone was notified,
shall be personally liable to the claimant for the actual amount due to the
subcontractor or persons furnishing labor or material by the general contractor
or subcontractor, provided the same does not exceed the sum in which the owner
is indebted to the general contractor at the time the second notice is given or
may thereafter become indebted by virtue of his contract with the general
contractor, or in case the general contractor alone is notified the sum in which
he is indebted to the subcontractor at the time the second notice is given or
may thereafter become indebted by virtue of his contract with the general
contractor. But the amount which a person supplying labor or material to a
subcontractor can claim shall not exceed the amount for which such subcontractor
could file his claim.

3. Any bona fide agreement for deductions by the owner because of the failure or
refusal of the general contractor to comply with his contract shall be binding
upon such subcontractor, laborer or materialman.

4. The provisions of this section are subject to the qualification that before
any such personal liability of the owner or general contractor herein provided
for shall be binding the two notices herein required, with such returns thereon
as is sufficient under &#xA7; 8.01-325, shall be recorded and indexed as
provided in &#xA7; 43-4.1 in the appropriate clerk&#8217;s office; or the two
notices herein required shall be mailed by registered or certified mail to and
received by the owner or general contractor upon whom personal liability is
sought to be imposed, and a return receipt therefor showing delivery to the
addressee shall be prima facie evidence of receipt.

HISTORY: 1924, p. 658; Michie Code 1942, § 6429a; 1968, c. 568; 2002, c. 772.