43-11 - How owner or general contractor made personally liable to subcontractor, laborer or materialman. - Virginia Statutes

§ 43-11. How owner or general contractor made personally liable tosubcontractor, laborer or materialman.

1. Any subcontractor or person furnishing labor or material to the generalcontractor or subcontractor, may give a preliminary notice in writing to theowner or his agent or the general contractor, stating the nature andcharacter of his contract and the probable amount of his claim.

2. Additionally, if such subcontractor, or person furnishing labor ormaterial shall at any time after the work is done or material furnished byhim and before the expiration of thirty days from the time such building orstructure is completed or the work thereon otherwise terminated furnish theowner thereof or his agent and also the general contractor, or the generalcontractor alone in case he is the only one notified, with a second noticestating a correct account, verified by affidavit, of his actual claim againstthe general contractor or subcontractor, for work done or materials furnishedand of the amount due, then the owner, or the general contractor, if he alonewas notified, shall be personally liable to the claimant for the actualamount due to the subcontractor or persons furnishing labor or material bythe general contractor or subcontractor, provided the same does not exceedthe sum in which the owner is indebted to the general contractor at the timethe second notice is given or may thereafter become indebted by virtue of hiscontract with the general contractor, or in case the general contractor aloneis notified the sum in which he is indebted to the subcontractor at the timethe second notice is given or may thereafter become indebted by virtue of hiscontract with the general contractor. But the amount which a person supplyinglabor or material to a subcontractor can claim shall not exceed the amountfor which such subcontractor could file his claim.

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

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

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