2006 Code of Virginia § 43-3 - Lien for work done and materials furnished; waiver of right to file or enforce lien

43-3. Lien for work done and materials furnished; waiver of right to fileor enforce lien.

A. All persons performing labor or furnishing materials of the value of $50or more, including the reasonable rental or use value of equipment, for theconstruction, removal, repair or improvement of any building or structurepermanently annexed to the freehold, and all persons performing any labor orfurnishing materials of like value for the construction of any railroad,shall have a lien, if perfected as hereinafter provided, upon such buildingor structure, and so much land therewith as shall be necessary for theconvenient use and enjoyment thereof, and upon such railroad and franchisesfor the work done and materials furnished, subject to the provisions of 43-20. But when the claim is for repairs or improvements to existingstructures only, no lien shall attach to the property repaired or improvedunless 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 partof a condominium as defined in 55-79.41 or under the Horizontal PropertyAct ( 55-79.1 through 55-79.38), any person providing labor or furnishingmaterial to one or more units or limited common elements within thecondominium pursuant to a single contract may perfect a single lienencumbering the one or more units which are the subject of the contract or towhich those limited common elements pertain, and for which payment has notbeen made. All persons providing labor or furnishing materials for the commonelements pertaining to all the units may perfect a single lien encumberingall such condominium units. Whenever a lien has been or may be perfectedencumbering two or more units, the proportionate amount of the indebtednessattributable to each unit shall be the ratio that the percentage liabilityfor common expenses appertaining to that unit computed pursuant to subsectionD of 55-79.83 bears to the total percentage liabilities for all units whichare encumbered by the lien. The lien claimant shall release from a perfectedlien an encumbered unit upon request of the unit owner as provided insubsection B of 55-79.46 upon receipt of payment equal to that portion ofthe indebtedness evidenced by the lien attributable to such unit determinedas herein provided. In the event the lien is not perfected, the lien claimantshall upon request of any interested party execute lien releases for one ormore units upon receipt of payment equal to that portion of the indebtednessattributable to such unit or units determined as herein provided but no suchrelease shall preclude the lien claimant from perfecting a single lienagainst the unreleased unit or units for the remaining portion of theindebtedness.

B. Any person providing labor or materials for site development improvementsor for streets, stormwater facilities, sanitary sewers or water lines for thepurpose of providing access or service to the individual lots in adevelopment or condominium units as defined in 55-79.41 or under theHorizontal Property Act ( 55-79.1 through 55-79.38) shall have a lien oneach individual lot in the development for that fractional part of the totalcost of such labor or materials as is obtained by using "one" as thenumerator and the number of lots as the denominator and in the case of acondominium on each individual unit in an amount computed by reference to theliability of that unit for common expenses appertaining to that condominiumpursuant to subsection D of 55-79.83; provided, however, no such lien shallbe valid as to any lot or condominium unit unless the person providing suchlabor or materials shall, prior to the sale of such lot or condominium unit,file with the clerk of the circuit court of the jurisdiction in which suchland lies a document setting forth a full disclosure of the nature of thelien to be claimed, the amount claimed against each lot or condominium unitand a description of the development or condominium, and shall, thereafter,comply with all other applicable provisions of this chapter. "Sitedevelopment improvements" means improvements which are provided for thedevelopment, such as project site grading, rather than for an individual lot.

Nothing contained herein shall be construed to prevent the filing of amechanic's lien under the provisions of subsection A.

C. Any right to file or enforce any mechanic's lien granted hereunder may bewaived in whole or in part at any time by any person entitled to such lien.

(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.)

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