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 § 55.1-2200, 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 § 55.1-2200, 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.
Code 1919, § 6428; 1979, c. 412; 1984, c. 521.
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