                                 CODE OF VIRGINIA

PERFECTION OF LIEN BY GENERAL CONTRACTOR; RECORDATION AND NOTICE (§ 43-4)

A general contractor, or any other lien claimant under §§ 43-7 and 43-9, in
order to perfect the lien given by § 43-3, provided such lien has not been
barred by § 43-4.01 C, shall file a memorandum of lien at any time after the
work is commenced or material furnished, but not later than 90 days from the
last day of the month in which he last performs labor or furnishes material, 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 memorandum
shall be filed in the clerk&#8217;s office in the county or city in which the
building, structure or railroad, or any part thereof is located. The memorandum
shall show the names and addresses of the owner of the property sought to be
charged, and of the claimant of the lien, 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 oath of the claimant, or
his agent, including a statement declaring his intention to claim the benefit of
the lien, and giving a brief description of the property on which he claims a
lien. The memorandum shall also contain the claimant&#8217;s license or
certificate number issued by the Board for Contractors pursuant to Chapter 11
(§ 54.1-1100 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 memorandum is filed to record
and index the same as provided in § 43-4.1, in the name of the claimant of the
lien 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 lien claimant who
is a general contractor, and not lien claimants under §§ 43-7 and 43-9, also
shall file along with the memorandum of lien, a certification of mailing of a
copy of the memorandum of lien on the owner of the property at the owner&#8217;s
last known address. The cost of recording the memorandum shall be taxed against
the person found liable in any judgment or decree enforcing such lien. The lien
claimant may file any number of memoranda but no memorandum filed pursuant to
this chapter shall include sums due for labor or materials furnished more than
150 days prior to the last day on which labor was performed or material
furnished to the job preceding the filing of such memorandum. However, any
memorandum may include (i) sums withheld as retainages with respect to labor
performed or materials furnished at any time before it is filed, but not to
exceed 10 percent of the total contract price and (ii) sums which are not yet
due because the party with whom the lien claimant contracted has not yet
received such funds from the owner or another third party. The time limitations
set forth herein shall apply to all labor performed or materials furnished on
construction commenced on or after July 1, 1980. An inaccuracy in the memorandum
as to the claimant&#8217;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 lien if the claimant can
otherwise be reasonably identified in the records of the Board for Contractors.

HISTORY: Code 1919, § 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.