What owner may do when contractor fails or refuses to complete building, etc (§ 43-16)—Virginia Decoded

What owner may do when contractor fails or refuses to complete building, etc

If the owner is compelled to complete his building, structure, or railroad, or any part thereof undertaken by a general contractor in consequence of the failure or refusal of the general contractor to do so, the amount expended by the owner for such completion shall have priority over all mechanics’ liens which have been or may be placed on such building, structure, or railroad by such general contractor, a subcontractor under him, or any person furnishing labor or materials to either of them.

History

Code 1919, § 6432.

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Court Decisions

. . . Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company . . . (Court of Appeals for the Fourth Circuit, 05/13/76)
. . . stated in Emerson v. Slater (1859), 63 U.S. 28, 43, 16 L.Ed. 360; as quoted with approval in Gaines . . .

. . . 10 Fair empl.prac.cas. 1057, 9 Empl. Prac. Dec. P 10,199 . . . (Court of Appeals for the Fourth Circuit, 06/12/75)
. . . same way. . . .

Loyola Federal Sav. & Loan v. Herndon Lumber (SCV, 03/03/78)
. . . company" for certain purposes. Finally, § 43-16 deals with the circumstance when "the owner . . .

Knight v. Ferrante (SCV, 11/28/60)
. . . building. In such contingency, Code 1950, section 43-16, provides that sums expended by the owner . . .

Johnson v. Commonwealth (SCV, 04/22/68)
. . . any doubt at all on that score." Footnote 43, 16 L.ed.2d, at 723. . . .

Henderson & Russell v. Warwick (SCV, 11/24/76)
. . . railroad." . . .

United States v. Michael L. Johnson (Court of Appeals for the Fourth Circuit, 09/11/81)
. . . , 384 U.S. 436, 473 n.43, 86 S.Ct. 1602, 1627 n.43, 16 L.Ed.2d 694 (1966) ("While a warning that . . .

In Re Gem Const. Corp. of Virginia (United States Bankruptcy Court, E.D. Virginia, 09/14/00)
. . . placed on such building." VA. CODE ANN. § 43-16. . . .

. . . Leslie A. Cole, Egm-Fn-Owzl Htfr/e-1, Usn v. Commanding . . . (Court of Appeals for the Fourth Circuit, 10/25/84)
. . . Inc., 384 U.S. 424, 429-30, 86 S.Ct. 1539, 1542-43, 16 L.Ed.2d 662 (1966); Tobias, 413 F.2d at 939. . . .

. . . United States v. Addo Jayson, United States of America v. . . . (Court of Appeals for the Fourth Circuit, 04/21/95)
. . . the error was harmless. 781 F.2d at 742-43. . . .

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