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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 43-4 of the Code of Virginia is amended and reenacted as follows:
§ 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, 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 ninety 90 days from
the last day of the month in which he last performs labor or furnishes material, and in no event
later than ninety 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'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 of the owner of the property sought to be charged, and of the
claimant of the lien, the amount and consideration of his claim, 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 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. 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 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'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 ten 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.