                                 CODE OF VIRGINIA

LIEN FOR WORK DONE AND MATERIALS FURNISHED; WAIVER OF RIGHT TO FILE OR ENFORCE
LIEN (§ 43-3)

A. All persons performing labor or furnishing materials of the value of $150 or
more, including the reasonable rental or use value of equipment, for the
construction, removal, repair or improvement of any building or structure
permanently annexed to the freehold, and all persons performing any labor or
furnishing materials of like value for the construction of any railroad, shall
have a lien, if perfected as hereinafter provided, upon such building or
structure, and so much land therewith as shall be necessary for the convenient
use and enjoyment thereof, and upon such railroad and franchises for the work
done and materials furnished, subject to the provisions of &#xA7; 43-20. But
when the claim is for repairs or improvements to existing structures only, no
lien shall attach to the property repaired or improved unless such repairs or
improvements were ordered or authorized by the owner, or his agent.
			If the building or structure being constructed, removed or repaired is part
of a condominium as defined in &#xA7; 55.1-1900 or under the Horizontal Property
Act (&#xA7; 55.1-2000 et seq.), any person providing labor or furnishing
material to one or more units or limited common elements within the condominium
pursuant to a single contract may perfect a single lien encumbering the one or
more units which are the subject of the contract or to which those limited
common elements pertain, and for which payment has not been made. All persons
providing labor or furnishing materials for the common elements pertaining to
all the units may perfect a single lien encumbering all such condominium units.
Whenever a lien has been or may be perfected encumbering two or more units, the
proportionate amount of the indebtedness attributable to each unit shall be the
ratio that the percentage liability for common expenses appertaining to that
unit computed pursuant to subsection D of &#xA7; 55.1-1964 bears to the total
percentage liabilities for all units which are encumbered by the lien. The lien
claimant shall release from a perfected lien an encumbered unit upon request of
the unit owner as provided in subsection B of &#xA7; 55.1-1908 upon receipt of
payment equal to that portion of the indebtedness evidenced by the lien
attributable to such unit determined as herein provided. In the event the lien
is not perfected, the lien claimant shall upon request of any interested party
execute lien releases for one or more units upon receipt of payment equal to
that portion of the indebtedness attributable to such unit or units determined
as herein provided but no such release shall preclude the lien claimant from
perfecting a single lien against the unreleased unit or units for the remaining
portion of the indebtedness.

B. Any person providing labor or materials for site development improvements or
for streets, stormwater facilities, sanitary sewers or water lines for the
purpose of providing access or service to the individual lots in a development
or condominium units as defined in &#xA7; 55.1-1900 or under the Horizontal
Property Act (&#xA7; 55.1-2000 et seq.) shall have a lien on each individual lot
in the development for the fractional part of the total value of the work
contracted for by the claimant in the subdivision as is obtained by using
&#8220;one&#8221; as the numerator and the number of lots being developed as the
denominator and in the case of a condominium on each individual unit in an
amount computed by reference to the liability of that unit for common expenses
appertaining to that condominium pursuant to subsection D of &#xA7; 55.1-1964,
provided, however, that no such lien shall be valid as to any lot or condominium
unit unless the person providing such work shall, prior to the sale of such lot
or condominium unit, file with the clerk of the circuit court of the
jurisdiction in which such land lies a document setting forth a full disclosure
of the nature of the lien which may be claimed, the total value of the work
contracted for by the claimant in the subdivision and the portion thereof
allocated to each lot as required herein, and a description of the development
or condominium, and shall, thereafter, comply with all other applicable
provisions of this chapter. &#8220;Site development improvements&#8221; means
improvements which are provided for the development, such as project site
grading, traffic signalization, and installation of electric, gas, cable, or
other utilities, for the benefit of the development rather than for an
individual lot. In determining the individual lots in the development for the
purpose of allocating value of the work contracted for by the claimant, parcels
of land within the development which are common area, or which are being
developed for the benefit of the development as a whole and not for resale,
shall not be included in the denominator of the disclosure statement.
			Nothing contained herein shall be construed to prevent the filing of a
mechanics&#8217; lien under the provisions of subsection A, or require the lien
claimant to elect under which subsection the lien may be enforced.

C. Any right to file or enforce any mechanics&#8217; lien granted hereunder may
be waived in whole or in part at any time by any person entitled to such lien,
except that a general contractor, subcontractor, lower-tier subcontractor, or
material supplier may not waive or diminish his lien rights in a contract in
advance of furnishing any labor, services, or materials. A provision that waives
or diminishes a general contractor&#8217;s, subcontractor&#8217;s, lower-tier
subcontractor&#8217;s, or material supplier&#8217;s lien rights in a contract
executed prior to providing any labor, services, or materials is null and void.
In the event that payments are made to the contractor without designating to
which lot the payments are to be applied, the payments shall be deemed to apply
to any lot previously sold by the developer such that the remaining lots
continue to bear liability for an amount up to but not exceeding the amount set
forth in any disclosure statement filed under the provisions of subsection B.

D. A person who performs labor without a valid license or certificate issued by
the Board for Contractors pursuant to Chapter 11 (&#xA7; 54.1-1100 et seq.) of
Title 54.1, or without the proper class of license for the value of the work to
be performed, when such a license or certificate is required by law for the
labor performed shall not be entitled to a lien pursuant to this section.

HISTORY: Code 1919, § 6426; 1922, p. 867; 1932, p. 332; 1968, c. 568; 1979, cc.
360, 542; 1980, c. 449; 1992, cc. 72, 779, 787; 2002, c. 273; 2004, c. 240;
2010, c. 343; 2012, c. 523; 2013, c. 293; 2015, c. 748; 2018, cc. 79, 325.