2006 Code of Virginia § 43-4 - Perfection of lien by general contractor; recordation and notice

43-4. Perfection of lien by general contractor; recordation and notice.

A general contractor, or any other lien claimant under 43-7 and 43-9, inorder to perfect the lien given by 43-3, provided such lien has not beenbarred by 43-4.01 C, shall file a memorandum of lien at any time after thework is commenced or material furnished, but not later than 90 days from thelast 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. Thememorandum shall be filed in the clerk's office in the county or city inwhich the building, structure or railroad, or any part thereof is located.The memorandum shall show the names of the owner of the property sought to becharged, and of the claimant of the lien, the amount and consideration of hisclaim, and the time or times when the same is or will be due and payable,verified by the oath of the claimant, or his agent, including a statementdeclaring his intention to claim the benefit of the lien, and giving a briefdescription of the property on which he claims a lien. It shall be the dutyof the clerk in whose office the memorandum is filed to record and index thesame as provided in 43-4.1, in the name of the claimant of the lien and ofthe owner of the property. From the time of such recording and indexing allpersons shall be deemed to have notice thereof. A lien claimant who is ageneral contractor also shall file along with the memorandum of lien, acertification of mailing of a copy of the memorandum of lien on the owner ofthe property at the owner's last known address. The cost of recording thememorandum shall be taxed against the person found liable in any judgment ordecree enforcing such lien. The lien claimant may file any number ofmemoranda but no memorandum filed pursuant to this chapter shall include sumsdue for labor or materials furnished more than 150 days prior to the last dayon which labor was performed or material furnished to the job preceding thefiling of such memorandum. However, any memorandum may include (i) sumswithheld as retainages with respect to labor performed or materials furnishedat any time before it is filed, but not to exceed 10 percent of the totalcontract price and (ii) sums which are not yet due because the party withwhom the lien claimant contracted has not yet received such funds from theowner or another third party. The time limitations set forth herein shallapply to all labor performed or materials furnished on construction commencedon or after July 1, 1980.

(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.)