As used in this chapter, the term "general contractor" includes contractors, laborers, mechanics, and persons furnishing materials, who contract directly with the owner, and the term "subcontractor" includes 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 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.
Code 1919, § 6426; 1922, p. 867; 1932, p. 332; 1977, c. 294; 1992, cc. 779, 787; 1994, c. 382; 2010, c. 341.
Structure Code of Virginia
Title 43 - Mechanics' and Certain Other Liens
Chapter 1 - Mechanics' and Materialmen's Liens
§ 43-2. Structures, materials, etc., deemed permanently annexed to freehold
§ 43-3. Lien for work done and materials furnished; waiver of right to file or enforce lien
§ 43-4. Perfection of lien by general contractor; recordation and notice
§ 43-4.1. Liens to be recorded in deed books and indexed in general index of deeds
§ 43-5. Sufficiency of memorandum and affidavit required by § 43-4
§ 43-8. Sufficiency of memorandum, affidavit and notice required by § 43-7
§ 43-10. Sufficiency of memorandum, affidavit and notice required by § 43-9
§ 43-13.1. Use of lien waiver form; forgery or signing without authority
§ 43-13.2. When an affidavit or a signed statement of payment required of owner prior to sale
§ 43-15. Inaccuracies in memorandum or description not affecting lien
§ 43-16. What owner may do when contractor fails or refuses to complete building, etc.
§ 43-17. Limitation on suit to enforce lien
§ 43-17.1. Hearing on validity of lien
§ 43-18. Lien of general contractor to inure to benefit of subcontractor
§ 43-19. Validity and priority of lien not affected by assignments
§ 43-20. Extent of lien where owner has less than fee in land
§ 43-21. Priorities between mechanics' and other liens