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2019 SESSION
19103997DBe it enacted by the General Assembly of Virginia:
1. That §§ 43-4, 43-5, 43-8, and 43-10 of the Code of Virginia are 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 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'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, and 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'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'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'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.
§ 43-5. Sufficiency of memorandum and affidavit required by § 43-4.
The memorandum and affidavit required by § 43-4 shall be sufficient if substantially in form and effect as follows:
Memorandum for Mechanic's Lien Claimed by General Contractor.
Name of owner: ________________________________________
Address of owner: ________________________________________
Name of claimant: ________________________________________
Address of claimant: ________________________________________
Contractor license or certificate number of claimant (if applicable):
____________________________________________________________
Issuance date of license or certificate (if applicable):
____________________________________________________________
Expiration date of license or certificate (if applicable):
____________________________________________________________
If no contractor license or certificate number is included, the claimant certifies that such a valid license or certificate is not required by law for the work done for which the benefit of a lien is claimed.
1. Type of materials or services furnished:______________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
2. Amount claimed: $__________
If any part of the [ Principal ] Amount
claimed is not due as of the date of this mechanic's lien, identify the date or
event upon which it will be due and the sum(s) to which the due date(s) or
event(s) apply:_______
3. Type of structure on which work done or materials furnished:
____________________________________________________________
4. Brief description and location of real property:
____________________________________________________________
5. Date from which interest on the above amount is claimed:
Date: ____________________
It is the intent of the claimant to claim the benefit of a lien.
The undersigned hereby certifies that he has mailed a copy of this memorandum of lien to the owner of the property at the owner's last known address: ____________________ (address), on __________ (date of mailing).
________________________________________ (Name of claimant).
Affidavit.
State of Virginia,
County (or city) of ____________________, to wit:
I, ____________________ (notary or other officer) for the county (or city) aforesaid, do certify that ____________________ claimant, or ____________________, agent for claimant, this day made oath before me in my county (or city) aforesaid that ____________________ (the owner) is justly indebted to claimant in the sum of _______________ dollars, for the consideration stated in the foregoing memorandum, and that the same is payable as therein stated.
Given under my hand this the __________ day of _______________, 20_____
________________________________________ (Notary Public or Magistrate, et cetera.)
§ 43-8. Sufficiency of memorandum, affidavit and notice required by § 43-7.
The memorandum, affidavit and notice required by § 43-7 shall be sufficient if substantially in form and effect as follows:
Memorandum for Mechanic's Lien Claimed by Subcontractor.
Name of owner: ________________________________________
Address of owner: ________________________________________
Name of general contractor (if any): ________________________________________
Name of claimant: ________________________________________
Address of claimant: ________________________________________
Contractor license or certificate number of claimant (if applicable):
____________________________________________________________
Issuance date of license or certificate (if applicable):
____________________________________________________________
Expiration date of license or certificate (if applicable):
____________________________________________________________
If no contractor license or certificate number is included, the claimant certifies that such a valid license or certificate is not required by law for the work done for which the benefit of a lien is claimed.
1. Type of materials or services furnished:_______________
____________________________________________________________
2. Amount claimed: $__________
If any part of the Amount claimed is not due as of the date of this mechanic's lien, identify the date or event upon which it will be due and the sum(s) to which the due date(s) or event(s) apply:___________________
3. Type of structure on which work done or materials furnished:
____________________________________________________________
4. Brief description and location of real property:
____________________________________________________________
5. Date from which interest on above amount is claimed:
Date: ____________________
It is the intent of the claimant to claim the benefit of a lien.
________________________________________ (Name of claimant).
Affidavit.
State of Virginia,
County (or city) of ____________________ to wit:
I, ____________________ (notary or other officer) for the county (or city) aforesaid, do certify that ___________________, claimant, or ____________________, agent for claimant, this day made oath before me in my county (or city) aforesaid that ____________________ is justly indebted to claimant in the sum of _______________ dollars, for the consideration stated in the foregoing memorandum, and that the same is payable as therein stated.
Given under my hand this the __________ day of _______________, 20_____.
________________________________________ (Notary Public or Magistrate, et cetera.)
Notice.
To ________________________________________ (owner).
You are hereby notified that ____________________ (general contractor) is indebted to me in the sum of _______________ dollars ($__________) with interest thereon from the __________ day of _______________, 20_____, for work done (or materials furnished, as the case may be,) in and about the construction (or removal, etc.,) of a ____________________ (describe structure, whether dwelling, store, or etc.,) which he has contracted to construct (or remove, etc.,) for you or on property owned by you in the county (or city) of ____________________, and that I have duly recorded a mechanic's lien for the same.
Given under my hand this the __________ day of _______________, 20_____.
________________________________________ (Subcontractor).
§ 43-10. Sufficiency of memorandum, affidavit and notice required by § 43-9.
The memorandum, affidavit and notice required by § 43-9 shall be sufficient if substantially in form and effect as follows:
Memorandum for Mechanic's Lien Claimed by Sub-subcontractor.
Name of owner: ________________________________________
Address of owner: ________________________________________
Name of general contractor (if any) and subcontractor:
____________________________________________________________
Name of claimant: ________________________________________
Address of claimant: ________________________________________
Contractor license or certificate number of claimant (if applicable):
____________________________________________________________
Issuance date of license or certificate (if applicable):
____________________________________________________________
Expiration date of license or certificate (if applicable):
____________________________________________________________
If no contractor license or certificate number is included, the claimant certifies that such a valid license or certificate is not required by law for the work done for which the benefit of a lien is claimed.
1. Type of materials or services furnished: ______________
____________________________________________________________
2. Amount claimed: $__________
If [ interest is claimed upon the Principal
Amount claimed, identify the date(s) or event(s) from when interest is claimed,
the sum to which interest is applied, and the rate of such interest
any part of the Amount claimed is not due as of the date of this mechanic’s
lien, identify the date or event upon which it will be due, and the sum(s) to
which the due date(s) or event(s) apply ] :_____________________________________
3. Type of structure on which work done or materials furnished:
____________________________________________________________
4. Brief description and location of real property:
____________________________________________________________
5. Date from which interest on above amount is claimed:
Date: ____________________
It is the intent of the claimant to claim the benefit of a lien.
________________________________________ (Name of claimant).
________________________________________ (Signature of claimant or agent for claimant).
Affidavit.
State of Virginia,
County (or city) of ____________________, to wit:
I, ____________________ (notary or other officer) for the county (or city) aforesaid do certify that ____________________ claimant, or ____________________, agent for claimant, this day made oath before me in my county (or city) aforesaid that ____________________ is justly indebted to claimant in the sum of _______________ dollars for the consideration stated in the foregoing memorandum, and that the same is payable as therein stated.
Given under my hand this the __________ day of _______________, 20_____.
________________________________________ (Notary Public or Magistrate, et cetera.)
Notice.
To ____________________ (owner) and ____________________ (general contractor):
You are hereby notified that ____________________, a subcontractor under you, said ____________________ (general contractor) for the construction (or removal, etc.,) of a ____________________ (describe structure) for you, or on property owned by you, said ____________________ (owner) is indebted to me in the sum of _______________ dollars ($__________) with interest thereon from the __________ day of _______________, 20_____, for work done (or materials furnished) in and about the construction (or removal, etc.,) of ____________________ (naming structure), situate in the county (or city) of ____________________ Virginia, and that I have duly recorded a mechanic's lien for the same.
Given under my hand this the __________ day of _______________, 20_____.
________________________________________ (Sub-subcontractor).