Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates (§ 43-7)—Virginia Decoded

Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates

A. Any subcontractor, in order to perfect the lien given him by § 43-3 shall comply with § 43-4, and in addition give notice in writing to the owner of the property or his agent of the amount and character of his claim. But the amount for which a subcontractor may perfect a lien under this section shall not exceed the amount in which the owner is indebted to the general contractor at the time the notice is given, or shall thereafter become indebted to the general contractor upon his contract with the general contractor for such structure or building or railroad. It shall be an affirmative defense or affirmative partial defense, as the case may be, to a suit to perfect a lien of a subcontractor that the owner is not indebted to the general contractor or is indebted to the general contractor for less than the amount of the lien sought to be perfected.

B. Where the property referred to in subsection A hereof is a time-share unit, as defined by § 55-362, the word “agent,” as used in subsection A, shall be deemed to include the developer, during the developer control period, or the time-share estate owners’ association, after the developer control period.Within ten days of receipt of the notice, the developer or the time-share estate owners’ association shall mail by first class mail a copy of the notice to all time-share estate owners whose interests are affected by the subcontractor’s lien on the time-share unit. Failure on the part of the developer or time-share estate owners’ association to so notify the appropriate time-share estate owners within the time period set forth above shall result in the developer’s or the association’s being liable for the full amount of the subcontractor’s claim, but such failure shall not affect the validity of any lien perfected under this section. Assessments levied by the estate owners’ association to pay the liability hereby imposed shall be made only against the time-share estate owners of record in the time-share estate project at the time the liability was incurred.

C. Where the property referred to in subsection A hereof is a time-share unit, as defined by § 55-362, the memorandum required to be filed pursuant to § 43-4 need show only the name of the developer during the developer control period, or the time-share estate owners’ association, after the developer control period.

History

Code 1919, § 6428; 1979, c. 412; 1984, c. 521.

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Court Decisions

. . . 32 Fair empl.prac.cas. 1592, 31 Empl. Prac. Dec. P 33,439 . . . (Court of Appeals for the Fourth Circuit, 03/09/83)
. . . 831, 842, cert. denied, 368 U.S. 824, 82 S.Ct. 43, 7 L.Ed.2d 28 (1961). Cf. 7 J. Wigmore, Evidence . . .

Williams v. Com. (SCV, 09/04/87)
. . . 5th Cir.), cert. denied, 368 U.S. 824, 82 S.Ct. 43, 7 L.Ed.2d 29 (1961); United States v. De Angelo, . . .

Surf Realty Corp. v. Standing (SCV, 11/30/53)
. . . perfecting a mechanics' lien under Code 1950, section 43-7, it being argued that no sum was due . . .

Thomas Somerville Co. v. Broyhill (SCV, 12/01/58)
. . . cannot avail themselves of the provisions of || 43-7 and 43-9, Code 1950, for liens cannot be . . .

In Re Cty. Green Ltd. Partnership (District Court, W.D. Virginia, 08/16/77)
. . . notice is given. Va.Code Ann., § 43-7 (1976). The limitations of § 43-7 are for the protection of . . .

Mills v. Moore's Super Stores (SCV, 09/02/76)
. . . liens in compliance with the provisions of Code | 43-7. [1] This statute requires that a . . .

Artis v. Artis (COA, 05/22/90)
. . . a divorce a vinculo matrimonii, awarded the wife 43.7 percent of the husband's Navy pension . . .

. . . United States v. Robert H. Chandler, Ii, Claimant-Appellant, . . . (Court of Appeals for the Fourth Circuit, 09/27/94)
. . . . . .

Knight v. Ferrante (SCV, 11/28/60)
. . . to the owners as required by Code 1950, section 43-7, the subcontractors obtained liens on the . . .

In Re Bain (United States Bankruptcy Court, W.D. Virginia, 08/23/85)
. . . enforce any lien perfected under §§ 43-4, 43-5 and 43-7 to 43-10 shall be brought after six months . . .

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