                                 CODE OF VIRGINIA

FUNDS PAID TO GENERAL CONTRACTOR OR SUBCONTRACTOR MUST BE USED TO PAY PERSONS
PERFORMING LABOR OR FURNISHING MATERIAL (§ 43-13)

Any contractor or subcontractor or any officer, director or employee of such
contractor or subcontractor who shall, with intent to defraud, retain or use the
funds, or any part thereof, paid by the owner or his agent, the contractor, or
the lender to such contractor or by the owner or his agent, the contractor, or
the lender to a subcontractor under any contract for the construction, removal,
repair, or improvement of any building or structure permanently annexed to the
freehold for any other purpose than to pay persons performing labor upon or
furnishing material for such construction, repair, removal, or improvement is
guilty of larceny in appropriating such funds for any other use while any amount
for which the contractor or subcontractor may be liable or become liable under
his contract for such labor or materials remains unpaid and may be prosecuted
upon complaint of any person or persons who have not been fully paid any amount
due them.
		The use by any such contractor or subcontractor or any officer, director, or
employee of such contractor or subcontractor of any moneys paid under the
contract before paying all amounts due or to become due for labor performed or
material furnished for such building or structure for any other purpose than
paying such amounts due on the project shall be prima facie evidence of intent
to defraud. Any breach or violation of this section may give rise to a civil
cause of action for a party in contract with the general contractor or
subcontractor, as appropriate; however, this right does not affect a
contractor&#8217;s or subcontractor&#8217;s right to withhold payment for
failure to properly perform labor or furnish materials on the project. Any
contract or subcontract provision that allows a contracting party to withhold
funds due under one contract or subcontract for alleged claims or damages due on
another contract or subcontract is void as against public policy.

HISTORY: 1932, p. 483; Michie Code 1942, § 6429b; 1968, c. 568; 1980, c. 390;
1982, c. 391; 1992, c. 713; 1998, c. 754; 2020, c. 873.