Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent of lien (§ 43-9)—Virginia Decoded

Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent of lien

Any person performing labor or furnishing materials for a subcontractor, in order to perfect the lien given him by § 43-3, shall comply with the provisions of § 43-4, and in addition thereto give notice in writing to the owner of the property, or his agent, and to the general contractor, or his agent, of the amount and character of his claim. But the amount for which a lien may be perfected by such person shall not exceed the amount for which such subcontractor could himself claim a lien under § 43-7.

History

Code 1919, § 6429.

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Court Decisions

. . . John W. Wilson v. Volkswagen of America, Inc., a New York . . . (Court of Appeals for the Fourth Circuit, 08/15/77)
. . . .2d 794, 800, cert. denied 371 U.S. 830, 83 S.Ct. 43, 9 L.Ed.2d 68 (1962); Julius Kayser & Co. v . . .

. . . 12 Fair empl.prac.cas. 21, 11 Empl. Prac. Dec. P 10,627 . . . (Court of Appeals for the Fourth Circuit, 01/22/76)
. . . Slaughter's case found at App. p. 43 . . .

Quantum Development Co., Inc. v. Luckett (SCV, 09/20/91)
. . . memorandum of mechanic's lien, pursuant to Code § 43-9, for the unpaid balance and, thereafter, . . .

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

. . . Irvin Lentz Director, Office of Workers' Compensation . . . (Court of Appeals for the Fourth Circuit, 07/25/88)
. . . Stevedores v. Turner, 661 F.2d at 1042-43). . . .

. . . F. Doe v. United States of America, W. Farley Powers, Jr., . . . (Court of Appeals for the Fourth Circuit, 12/03/81)
. . . . . .

Atlantic States Const. v. McCann Steel (SCV, 01/19/70)
. . . subcontractor to which McCann had furnished steel, Code | 43-9 precluded the assertion of a . . .

In Re Bain (United States Bankruptcy Court, W.D. Virginia, 08/23/85)
. . . contractor, or any other lien claimant under §§ 43-78 and 43-9, in order to perfect the lien given . . .

Cavallo v. Star Enterprise (District Court, E.D. Virginia, 07/10/95)
. . . clinically had come into contact with kerosene, 43.9% of those who did not improve used kerosene as . . .

. . . Andrew J. McGhee Lacy Joyner Darryl Moss Eugene Fields . . . (Court of Appeals for the Fourth Circuit, 10/21/88)
. . . . . . .

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