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1994 SESSION
LD3399198Be it enacted by the General Assembly of Virginia:
1. That § 43-1 of the Code of Virginia is amended and reenacted as follows:
§ 43-1. Definitions.
As used in this chapter, the term "general contractor" shall
includeincludes contractors, laborers, mechanics, and persons
furnishing materials, who contract directly with the owner, and the
term "subcontractor" shall includeincludes all such
contractors, laborers, mechanics, and persons furnishing materials, who do
not contract with the owner but with the general contractor. As used in this
chapter, the term "owner" shall not be construed to mean any person holding
bare legal title under an instrument to secure a debt or indemnify a surety.
As used in this chapter, the term "mechanics' lien agent" means a person (i)
designated in writing by the owner of real estate or a person authorized to
act on behalf of the owner of such real estate and (ii) who consents in
writing to act, as the owner's designee for purposes of receiving notice
pursuant to § 43-4.01. Such person shall be an attorney at law licensed to
practice in the Commonwealth, a title insurance company authorized to write
title insurance in the Commonwealth or one of its subsidiaries or licensed
title insurance agents, or a financial institution authorized to accept
deposits and to hold itself out to the public as engaged in the banking or
savings institution business in the Commonwealth or a service corporation,
subsidiary or affiliate of such financial institution. Any such person
may perform mechanics' lien agent services as any legal entity. Provided
that nothing herein shall be construed to affect pending litigation.