dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-86. Essential public records; security recovery copies; disaster plans.
A. In cooperation with the head of each agency, The Library of Virginia shall establish and maintain a program for the selection and preservation of essential public records. The program shall provide for preserving, classifying, arranging, and indexing essential public records so that such records are made available to the public. The program shall provide for making recovery copies or designate as recovery copies existing copies of such essential public records.

B. Recovery copies shall meet quality standards established by The Library of Virginia and shall be made by a process that accurately reproduces the record and forms a durable medium. A recovery copy may also be made by creating a paper or electronic copy of an original electronic record. Recovery copies shall have the same force and effect for all purposes as the original record and shall be as admissible in evidence as the original record whether the original record is in existence or not. Recovery copies shall be preserved in the place and manner prescribed by the State Library Board and the Governor.

C. The Library of Virginia shall develop a plan to ensure preservation of public records in the event of disaster or emergency as defined in § 44-146.16. This plan shall be coordinated with the Department of Emergency Management and copies shall be distributed to all agency heads. The plan shall be reviewed and updated at least once every five years. The personnel of the Library shall be responsible for coordinating emergency recovery operations when public records are affected. Each agency shall ensure that a plan for the protection and recovery of public records is included in its comprehensive disaster plan.

1976, c. 746; 1980, c. 365; 1990, c. 778; 1994, c. 64; 1998, c. 427; 2005, c. 787; 2006, c. 60.

Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-86.01. Records may be retained in electronic medium.
Notwithstanding any provision of law requiring a public record to be retained in a tangible medium, an agency may retain any public record in an electronic medium, provided that the record remains accessible for the duration of its retention schedule and meets all other requirements of this chapter. Nothing herein shall affect any law governing the retention of exhibits received into evidence in a criminal case in any court.

2018, c. 252.
Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-86.1. Disposition of public records.
A. No agency shall sell or give away public records. No agency shall destroy or discard a public record unless (i) the record appears on a records retention and disposition schedule approved pursuant to § 42.1-82 and the record's retention period has expired; (ii) a certificate of records destruction, as designated by the Librarian of Virginia, has been properly completed and approved by the agency's designated records officer; and (iii) there is no litigation, audit, investigation, request for records pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or renegotiation of the relevant records retention and disposition schedule pending at the expiration of the retention period for the applicable records series. After a record is destroyed or discarded, the agency shall forward the original certificate of records destruction to The Library of Virginia.

B. No agency shall destroy any public record created before 1912 without first offering it to The Library of Virginia.

C. Each agency shall ensure that records created after July 1, 2006 and authorized to be destroyed or discarded in accordance with subsection A, are destroyed or discarded in a timely manner in accordance with the provisions of this chapter; provided, however, such records that contain identifying information as defined in clauses (iii) through (ix), or clause (xii) of subsection C of § 18.2-186.3, shall be destroyed within six months of the expiration of the records retention period.

1990, c. 778; 1998, c. 427; 2005, c. 787; 2006, cc. 60, 909.
Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-87. Archival public records.
A. Custodians of archival public records shall keep them in fire-resistant, environmentally controlled, physically secure rooms designed to ensure proper preservation and in such arrangement as to be easily accessible. Current public records should be kept in the buildings in which they are ordinarily used. It shall be the duty of each agency to consult with The Library of Virginia to determine the best manner in which to store long-term or archival electronic records. In entering into a contract with a third-party storage provider for the storage of public records, an agency shall require the third-party to cooperate with The Library of Virginia in complying with rules and regulations promulgated by the Board.

B. Public records deemed unnecessary for the transaction of the business of any state agency, yet deemed to be of archival value, may be transferred with the consent of the Librarian of Virginia to the custody of the Library of Virginia.

C. Public records deemed unnecessary for the transaction of the business of any county, city, or town, yet deemed to be of archival value, shall be stored either in The Library of Virginia or in the locality, at the decision of the local officials responsible for maintaining public records. Archival public records shall be returned to the locality upon the written request of the local officials responsible for maintaining local public records. Microfilm shall be stored in The Library of Virginia but the use thereof shall be subject to the control of the local officials responsible for maintaining local public records.

D. Record books deemed archival should be copied or repaired, renovated or rebound if worn, mutilated, damaged or difficult to read. Whenever the public records of any public official are in need of repair, restoration or rebinding, a judge of the court of record or the head of such agency or political subdivision of the Commonwealth may authorize that the records in need of repair be removed from the building or office in which such records are ordinarily kept, for the length of time necessary to repair, restore or rebind them, provided such restoration and rebinding preserves the records without loss or damage to them. Before any restoration or repair work is initiated, a treatment proposal from the contractor shall be submitted and reviewed in consultation with The Library of Virginia. Any public official who causes a record book to be copied shall attest it and shall certify an oath that it is an accurate copy of the original book. The copy shall then have the force of the original.

E. Nothing in this chapter shall be construed to divest agency heads of the authority to determine the nature and form of the records required in the administration of their several departments or to compel the removal of records deemed necessary by them in the performance of their statutory duty.

1976, c. 746; 1994, cc. 64, 955; 2005, c. 787; 2006, c. 60.
Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-88. Custodians to deliver all records at expiration of term; penalty for noncompliance.
Any custodian of any public records shall, at the expiration of his term of office, appointment or employment, deliver to his successor, or, if there be none, to The Library of Virginia, all books, writings, letters, documents, public records, or other information, recorded on any medium kept or received by him in the transaction of his official business; and any such person who shall refuse or neglect for a period of ten days after a request is made in writing by the successor or Librarian of Virginia to deliver the public records as herein required shall be guilty of a Class 3 misdemeanor.

1976, c. 746; 1994, c. 64; 1998, c. 427.

Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-89. Petition and court order for return of public records not in authorized possession.
The Librarian of Virginia or his designated representative such as the State Archivist or any public official who is the custodian of public records in the possession of a person or agency not authorized by the custodian or by law to possess such public records shall petition the circuit court in the city or county in which the person holding such records resides or in which the materials in issue, or any part thereof, are located for the return of such records. The court shall order such public records be delivered to the petitioner upon finding that the materials in issue are public records and that such public records are in the possession of a person not authorized by the custodian of the public records or by law to possess such public records. If the order of delivery does not receive compliance, the plaintiff shall request that the court enforce such order through its contempt power and procedures.

1975, c. 180; 1976, c. 746; 1998, c. 427.
Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-90. Seizure of public records not in authorized possession.
A. At any time after the filing of the petition set out in § 42.1-89 or contemporaneous with such filing, the person seeking the return of the public records may by ex parte petition request the judge or the court in which the action was filed to issue an order directed at the sheriff or other proper officer, as the case may be, commanding him to seize the materials which are the subject of the action and deliver the same to the court under the circumstances hereinafter set forth.

B. The judge aforesaid shall issue an order of seizure upon receipt of an affidavit from the petitioner which alleges that the material at issue may be sold, secreted, removed out of this Commonwealth or otherwise disposed of so as not to be forthcoming to answer the final judgment of the court respecting the same; or that such property may be destroyed or materially damaged or injured if permitted to remain out of the petitioner's possession.

C. The aforementioned order of seizure shall issue without notice to the respondent and without the posting of any bond or other security by the petitioner.

1975, c. 180; 1976, c. 746.

Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-90.1. Auditing.
The Librarian may, in his discretion, conduct an audit of the records management practices of any agency. Any agency subject to the audit shall cooperate and provide the Library with any records or assistance that it requests. The Librarian shall compile a written summary of the findings of the audit and any actions necessary to bring the agency into compliance with this chapter. The summary shall be a public record, and shall be made available to the agency subject to the audit, the Governor, and the chairmen of the House and Senate Committees on General Laws, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations of the General Assembly.

2006, c. 60.

Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-91. Repealed.
Repealed by Acts 2006, c. 60, cl. 2.

Code of Virginia — Title 42.1 (Libraries), Chapter 7 (VIRGINIA PUBLIC RECORDS ACT)
§ 42.1-91.1. Availability of public records created prior to January 1, 1901.
Notwithstanding any provisions of a previously executed contract with any department, agency, or institution of the Commonwealth or political subdivision, any individual or private entity lawfully in possession of public records created prior to January 1, 1901, or images of such records may display or publish such records in any format, including in an electronic database or on the Internet, without paying a fee to or requesting permission from the original custodian of such records.

2020, c. 773.
Code of Virginia — Title 42.1 (Libraries), Chapter 8 (State Publications Depository Program)
§ 42.1-92. Short title; policy.
A. This chapter may be cited as the "State Publications Depository Program."

B. By enacting this chapter, the General Assembly recognizes that an informed citizenry is indispensable to the proper functioning of a democratic society. In order to remain informed, citizens must know about the activities of their government and benefit from information developed at public expense. Through the administration of the State Publications Depository Program, citizens will be ensured continued access to state publications, regardless of geographical location in the Commonwealth. This chapter shall be enacted to ensure that The Library of Virginia, as the official repository of state publications for the Commonwealth, is able to provide continued access to all state government publications, regardless of physical form or characteristics, and to prescribe conditions for the collection and preservation of state publications throughout the Commonwealth. Nothing in this chapter shall be construed to alter or diminish the responsibilities of public bodies with respect to public records under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) or the Virginia Public Records Act (§ 42.1-76 et seq.).

2006, c. 59.

Code of Virginia — Title 42.1 (Libraries), Chapter 8 (State Publications Depository Program)
§ 42.1-93. Definitions.
As used in this chapter:

"Local or regional agency" means all political subdivisions, including counties, cities, and towns, and other governmental agencies in the Commonwealth, other than state agencies.

"Publication" means all documents, regardless of physical form or characteristics and issued by or for a state, local, or regional agency, in full or in part at government expense, that are created for the research or informational use of the public. "Publication" shall not include documents that are developed solely for the agency's administrative and internal operations.

"State agency" means every agency, institution, collegial body, or other state governmental entity of any branch of government.

2006, c. 59.
Code of Virginia — Title 42.1 (Libraries), Chapter 8 (State Publications Depository Program)
§ 42.1-94. Duties of Librarian of Virginia; agencies to cooperate.
A. The Library of Virginia shall establish and administer the State Publications Depository Program for the collection and dissemination of publications to the libraries designated by The Library of Virginia as depository libraries, consistent with the rules, regulations, or standards promulgated by the State Library Board, which shall include guidance in determining which documents are publications for purposes of the State Publications Depository Program.

B. Pursuant to § 2.2-609, state agencies shall furnish or otherwise make available publications or publication information designated by The Library of Virginia in the administration of the State Publications Depository Program.

C. Upon request, local and regional agencies shall provide to The Library of Virginia, free of charge, copies of specifically requested publications. The number of copies required for each requested printed publication shall not exceed two copies.

2006, c. 59.

Code of Virginia — Title 42.1 (Libraries), Chapter 8 (State Publications Depository Program)
§ 42.1-95. Catalog.
A. The Librarian of Virginia shall prepare, publish, and make available annually a catalog of publications produced by state agencies. Each such publication shall be indexed by subject, author, issuing agency, and the format of the publication. The date of publication of each listed publication shall be noted in the catalog. To the extent such information is available, the catalog shall set forth the price charged, if any, of each publication and how and where the same may be obtained.

B. Pursuant to § 2.2-609, state agencies shall provide information requested by The Library of Virginia to assist in the preparation of the catalog.

2006, c. 59.

Code of Virginia — Title 42.1 (Libraries), Chapter 8 (State Publications Depository Program)
§ 42.1-96. Distribution of catalog.
The catalog shall be made available without cost to persons indicating a continued interest in such catalog. Copies sent out of state shall be on an exchange basis or at a price sufficient to equal the unit cost of printing and mailing; complimentary copies may be made available by the Librarian of Virginia. A copy of the catalog shall be available at the libraries designated by The Library of Virginia as depository libraries for public inspection and use.

2006, c. 59.
Code of Virginia — Title 42.1 (Libraries), Chapter 8 (State Publications Depository Program)
§ 42.1-97. Annual report.
The Librarian of Virginia shall report annually to the Governor and the chairmen of the House and Senate Committees on General Laws, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations of the General Assembly, indicating which, if any, state agencies did not furnish or otherwise make available copies of their publications or other information required under this chapter, and which, if any, local or regional agencies did not provide access to publications upon request. Such report shall be filed no later than November 1 of each year.

2006, c. 59.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-1. Definitions.
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.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-11. How owner or general contractor made personally liable to subcontractor, laborer or materialman.
1. Any subcontractor or person furnishing labor or material to the general contractor or subcontractor, may give a preliminary notice in writing to the owner or his agent or the general contractor, stating the nature and character of his contract and the probable amount of his claim.

2. Additionally, if such subcontractor, or person furnishing labor or material shall at any time after the work is done or material furnished by him and before the expiration of thirty days from the time such building or structure is completed or the work thereon otherwise terminated furnish the owner thereof or his agent and also the general contractor, or the general contractor alone in case he is the only one notified, with a second notice stating a correct account, verified by affidavit, of his actual claim against the general contractor or subcontractor, for work done or materials furnished and of the amount due, then the owner, or the general contractor, if he alone was notified, shall be personally liable to the claimant for the actual amount due to the subcontractor or persons furnishing labor or material by the general contractor or subcontractor, provided the same does not exceed the sum in which the owner is indebted to the general contractor at the time the second notice is given or may thereafter become indebted by virtue of his contract with the general contractor, or in case the general contractor alone is notified the sum in which he is indebted to the subcontractor at the time the second notice is given or may thereafter become indebted by virtue of his contract with the general contractor. But the amount which a person supplying labor or material to a subcontractor can claim shall not exceed the amount for which such subcontractor could file his claim.

3. Any bona fide agreement for deductions by the owner because of the failure or refusal of the general contractor to comply with his contract shall be binding upon such subcontractor, laborer or materialman.

4. The provisions of this section are subject to the qualification that before any such personal liability of the owner or general contractor herein provided for shall be binding the two notices herein required, with such returns thereon as is sufficient under § 8.01-325, shall be recorded and indexed as provided in § 43-4.1 in the appropriate clerk's office; or the two notices herein required shall be mailed by registered or certified mail to and received by the owner or general contractor upon whom personal liability is sought to be imposed, and a return receipt therefor showing delivery to the addressee shall be prima facie evidence of receipt.

1924, p. 658; Michie Code 1942, § 6429a; 1968, c. 568; 2002, c. 772.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-12. Repealed.
Repealed by Acts 1968, c. 568.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-13. Funds paid to general contractor or subcontractor must be used to pay persons performing labor or furnishing material.
Any contractor or subcontractor or any officer, director or employee of such contractor or subcontractor who shall, with intent to defraud, retain or use the funds, or any part thereof, paid by the owner or his agent, the contractor, or the lender to such contractor or by the owner or his agent, the contractor, or the lender to a subcontractor under any contract for the construction, removal, repair, or improvement of any building or structure permanently annexed to the freehold for any other purpose than to pay persons performing labor upon or furnishing material for such construction, repair, removal, or improvement is guilty of larceny in appropriating such funds for any other use while any amount for which the contractor or subcontractor may be liable or become liable under his contract for such labor or materials remains unpaid and may be prosecuted upon complaint of any person or persons who have not been fully paid any amount due them.

The use by any such contractor or subcontractor or any officer, director, or employee of such contractor or subcontractor of any moneys paid under the contract before paying all amounts due or to become due for labor performed or material furnished for such building or structure for any other purpose than paying such amounts due on the project shall be prima facie evidence of intent to defraud. Any breach or violation of this section may give rise to a civil cause of action for a party in contract with the general contractor or subcontractor, as appropriate; however, this right does not affect a contractor's or subcontractor's right to withhold payment for failure to properly perform labor or furnish materials on the project. Any contract or subcontract provision that allows a contracting party to withhold funds due under one contract or subcontract for alleged claims or damages due on another contract or subcontract is void as against public policy.

1932, p. 483; Michie Code 1942, § 6429b; 1968, c. 568; 1980, c. 390; 1982, c. 391; 1992, c. 713; 1998, c. 754; 2020, c. 873.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-13.1. Use of lien waiver form; forgery or signing without authority.
Any person who knowingly presents a waiver of lien form to an owner, his agent, contractor, lender, or title company for the purpose of obtaining funds or title insurance and who forges or signs without authority the name of any person listed thereon shall be guilty of a felony and punished as provided in § 18.2-172.

1968, c. 568.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-13.2. When an affidavit or a signed statement of payment required of owner prior to sale.
A person who is both the owner of a one- or two-family residential dwelling unit and either a developer of such property, a contractor in connection with the development or improvement of such property or a contractor or subcontractor furnishing labor or material in connection with the development or improvement of such property shall, at the time of settlement on the sale of such property, provide the purchaser with an affidavit or a signed statement attested to by a witness stating either (i) that all persons performing labor or furnishing materials in connection with the improvements on such property and with whom such owner is in privity of contract have been paid in full or (ii) the name, address and amount payable or claimed to be payable to any person so performing labor or furnishing materials and with whom such owner is in privity of contract. Willful failure to provide such statement or any willful material misrepresentation with respect to such a statement which causes a monetary loss to a financial institution, title company, contractor, subcontractor, supplier, owner, mechanics' lien agent or any other person or institution shall be punishable as a Class 5 felony.

1992, cc. 779, 787; 2003, c. 400.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-13.3. An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalty.
Any person who is the owner of a one- or two-family residential dwelling unit not included within the scope of § 43-13.2 shall, at the time of settlement on the sale of such property, provide the purchaser, or lender in the case of a permanent loan or refinance, with an affidavit or a signed statement attested to by a witness stating either (i) that all persons performing labor or furnishing materials in connection with any improvements on such property within 120 days prior to the date of settlement and with whom such owner is in privity of contract have been paid in full, or (ii) the name, address and amount payable or claimed to be payable to any person so performing labor or furnishing materials and with whom such owner is in privity of contract. Any willful material misrepresentation in the affidavit or signed statement attested to by a witness which causes a monetary loss to any financial institution, title company, or purchaser shall be punishable as a Class 3 misdemeanor.

1994, c. 388; 2003, c. 400.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-14. Repealed.
Repealed by Acts 1968, c. 568.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-14.1. Service of notices.
Any notice authorized or required by this chapter, except the notice required by § 43-11, may be served by any sheriff or constable who shall make return of the time and manner of service; or any such notice may be served by certified or registered mail and a return receipt therefor shall be prima facie evidence of receipt.

1968, c. 568; 1971, Ex. Sess., c. 155.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-15. Inaccuracies in memorandum or description not affecting lien.
No inaccuracy in the memorandum filed, or in the description of the property to be covered by the lien, shall invalidate the lien, if the property can be reasonably identified by the description given and the memorandum conforms substantially to the requirements of §§ 43-5, 43-8 and 43-10, respectively, and is not wilfully false.

Code 1919, § 6431.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-16. 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.

Code 1919, § 6432.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-17. Limitation on suit to enforce lien.
No suit to enforce any lien perfected under §§ 43-4, 43-5 and 43-7 to 43-10 shall be brought after six months from the time when the memorandum of lien was recorded or after sixty days from the time the building, structure or railroad was completed or the work thereon otherwise terminated, whichever time shall last occur; provided, however, that the filing of a petition to enforce any such lien in any suit wherein such petition may be properly filed shall be regarded as the institution of a suit under this section; and, provided further, that nothing herein shall extend the time within which such lien may be perfected.

Code 1919, § 6433; 1926, p. 43; 1956, c. 399.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-17.1. Hearing on validity of lien.
Any party, having an interest in real property against which a lien has been filed, may, upon a showing of good cause, petition the court of equity having jurisdiction wherein the building, structure, other property, or railroad is located to hold a hearing to determine the validity of any perfected lien on the property. After reasonable notice to the lien claimant and any party to whom the benefit of the lien would inure and who has given notice as provided in § 43-18 of the Code of Virginia, the court shall hold a hearing and determine the validity of the lien. If the court finds that the lien is invalid, it shall forthwith order that the memorandum or notice of lien be released from record.

1975, c. 380; 2010, c. 352.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-18. Lien of general contractor to inure to benefit of subcontractor.
The perfected lien of a general contractor on any building or structure shall inure to the benefit of any subcontractor, and of any person performing labor or furnishing materials to a subcontractor who has not perfected a lien on such building or structure, provided such subcontractor, or person performing labor or furnishing materials shall give written notice of his claim against the general contractor, or subcontractor, as the case may be, to the owner or his agent before the amount of such lien is actually paid off or discharged.

Code 1919, § 6434.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-19. Validity and priority of lien not affected by assignments.
Every assignment or transfer by a general contractor, in whole or in part, of his contract with the owner or of any money or consideration coming to him under such contract, or by a subcontractor of his contract with the general contractor, in whole or in part, or of any money or consideration coming to him under his contract with the general contractor, and every writ of fieri facias, attachment or other process against the general contractor or subcontractor to subject or encumber his interest arising under such contract, shall be subject to the liens given by this chapter to laborers, mechanics, and materialmen. No such assignment or transfer shall in any way affect the validity or the priority of satisfaction of liens given by this chapter.

Code 1919, § 6435.
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.
For the purpose of this chapter, a well, excavation, sidewalk, driveway, pavement, parking lot, retaining wall, curb and/or gutter, breakwater (either salt or fresh water), underground or field-constructed above-ground storage tank and connected dispensing equipment, water system, drainage structure, filtering system (including septic or waste disposal systems) or swimming pool shall be deemed a structure permanently annexed to the freehold, and all shrubbery, earth, sod, sand, gravel, brick, stone, tile, pipe or other materials, together with the reasonable rental or use value of equipment and any surveying, grading, clearing or earth moving required for the improvement of the grounds upon which such building or structure is situated shall be deemed to be materials furnished for the improvement of such building or structure and permanently annexed to the freehold.

Code 1919, § 6426; 1922, p. 867; 1932, p. 332; 1962, c. 152; 1968, c. 568; 1976, c. 213; 1996, c. 513.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-20. Extent of lien where owner has less than fee in land.
Subject to the provisions of § 43-3, if the person who shall cause a building or structure to be erected or repaired owns less than a fee simple estate in the land, then only his interest therein shall be subject to liens created under this chapter. When the vendee under a contract for the sale of real estate causes a building or structure to be erected or repaired on the land which is the subject of the contract and the owner has actual knowledge of such erection or repairs, the interest of the owner in the land shall be subject to liens created under this chapter; and for the purposes of § 43-21, the interest of such an owner in the land, to the extent of the unpaid purchase price, shall be deemed to be a recorded purchase money deed of trust lien created at the time the contract of sale was fully executed. As used in this section, "a contract for the sale of real estate" shall not include a lease of real estate containing an option to purchase the leased real estate or an option to purchase real estate unless the option is enforceable against the optionee.

Code 1919, § 6436; 1924, p. 413; 1968, c. 568; 1980, c. 574.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-21. Priorities between mechanics' and other liens.
No lien or encumbrance upon the land created before the work was commenced or materials furnished shall operate upon the building or structure erected thereon, or materials furnished for and used in the same, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied; nor shall any lien or encumbrance upon the land created after the work was commenced or materials furnished operate on the land, or such building or structure, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied.

Unless otherwise provided in the subordination agreement, if the holder of the prior recorded lien of a purchase money deed of trust subordinates to the lien of a construction money deed of trust, such subordination shall be limited to the construction money deed of trust and said prior lien shall not be subordinate to mechanics' and materialmen's liens to the extent of the value of the land by virtue of such agreement.

In the enforcement of the liens acquired under the previous sections of this chapter, any lien or encumbrance created on the land before the work was commenced or materials furnished shall be preferred in the distribution of the proceeds of sale only to the extent of the value of the land estimated, exclusive of the buildings or structures, at the time of sale, and the residue of the proceeds of sale shall be applied to the satisfaction of the liens provided for in the previous sections of this chapter. Provided that liens filed for performing labor or furnishing materials for the repair or improvement of any building or structure shall be subject to any encumbrance against such land and building or structure of record prior to the commencement of the improvements or repairs or the furnishing of materials or supplies therefor. Nothing contained in the foregoing proviso shall apply to liens that may be filed for the construction or removal of any building or structure.

Notwithstanding the provisions of subsection C of § 43-3, a general contractor may, prior to or after providing any labor, services, or materials, contract to subordinate his lien rights to prior recorded and later recorded deeds of trust, provided that such contract is (i) in writing and (ii) signed by any general contractor whose lien rights are subordinated pursuant to such contract.

Code 1919, § 6436; 1924, p. 413; 1968, c. 568; 2018, cc. 79, 325.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-22. How liens enforced.
The liens created and perfected under this chapter may be enforced in a court of equity by a bill filed in the county or city wherein the building, structure, or railroad, or some part thereof is situated, or wherein the owner, or if there be more than one, any of them, resides. The plaintiff shall file with his bill an itemized statement of his account, showing the amount and character of the work done or materials furnished, the prices charged therefor, the payments made, if any, the balance due, and the time from which interest is claimed thereon, the correctness of which account shall be verified by the affidavit of himself, or his agent. When suit is brought for the enforcement of any such lien against the property bound thereby, all parties entitled to such liens upon the property or any portion thereof may file petitions in such suit asking for the enforcement of their respective liens to have the same effect as if an independent suit were brought by each claimant.

Code 1919, § 6437; 1920, p. 485.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-23. Priority among liens perfected under this chapter.
There shall be no priority among the liens created and perfected under this chapter, except that the lien of a subcontractor shall be preferred to that of his general contractor; the lien of persons performing labor or furnishing materials for a subcontractor, shall be preferred to that of such subcontractor; and liens filed by persons performing manual labor shall have priority over materialmen to the extent of the labor performed during the thirty days immediately preceding the date of the performance of the last labor.

Code 1919, § 6437; 1920, p. 485.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-23.1. Forfeiture of lien.
Any person who shall, with intent to mislead, include in his memorandum of lien work not performed upon, or materials not furnished for, the property described in his memorandum shall thereby forfeit any right to a lien under this chapter.

1968, c. 568; 1976, c. 253.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-23.2. Remedies cumulative.
The remedies afforded by this chapter shall be deemed cumulative in nature and not be construed to be in lieu of any other legal or equitable remedies.

1968, c. 568.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-4.1. Liens to be recorded in deed books and indexed in general index of deeds.
Notwithstanding the provision of any other section of this title, or any other provision of law requiring documents to be recorded in the miscellaneous lien book or the deed books in the clerk's office of any court, on and after July 1, 1964, all memoranda or notices of liens, in the discretion of the clerk, shall be recorded in the deed books in such clerk's office, and shall be indexed in the general index of deeds, and such general index shall show the type of such lien.

1960, c. 81; 1964, c. 338; 1968, c. 568; 1985, c. 392.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-6. Repealed.
Repealed by Acts 1968, c. 568.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-7. 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 § 55.1-2200, 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.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 1 (MECHANICS' AND MATERIALMEN'S LIENS)
§ 43-9. 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.

Code 1919, § 6429.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 2 (LIENS ON FRANCHISES AND PROPERTY OF TRANSPORTATION, ETC., COMPANIES)
§ 43-24. Liens of employees, suppliers, etc.
All conductors, brakemen, engine drivers, firemen, captains, stewards, pilots, clerks, depot or office agents, storekeepers, mechanics, traveling representatives or laborers, and all persons furnishing railroad iron, engines, cars, fuel and all other supplies necessary to the operation of any railway, canal or other transportation company, and all clerks, mechanics, traveling representatives, foremen, and laborers, and superintendents to the extent of not more than $100 per week, who furnish their services or labor to any one or more individuals trading under a real or fictitious name, or names, or to any partnership or other unincorporated body of persons, engaged in mining or manufacturing, or to any mining or manufacturing company, whether such railway, canal or other transportation or mining or manufacturing company be chartered under or by the laws of this Commonwealth, or be chartered elsewhere and be doing business within the limits of this Commonwealth, shall have a prior lien on the franchises, gross earnings and on all the real and personal property of such individual, partnership, unincorporated association or company which is used in operating the same, to the extent of the moneys due them by the individual, partnership, unincorporated association or company for such wages or supplies, which lien shall be superior to, and have priority over, any amount due by such individual, partnership, unincorporated association or company for rents, or royalties.

No mortgage, deed of trust, sale, hypothecation or conveyance executed since the first day of May, 1888, shall defeat or take precedence over such lien. The lien secured by this section to parties furnishing supplies, shall be subordinate to that allowed to clerks, mechanics, foremen, superintendents, and laborers for services furnished as aforesaid.

If any person entitled to a lien as well under § 43-3 as under this section, shall perfect his lien given by either section, he shall not be entitled to the benefit of the other.

No right to or remedy upon a lien which has already accrued to any person shall be extended, abridged or otherwise affected hereby.

Code 1919, § 6438; 1922, p. 13; 1932, p. 596; 1938, p. 17; 2010, c. 343.