How owner or general contractor made personally liable to subcontractor, laborer or materialman.
§ 43-11 How owner or general contractor made personally liable to
subcontractor, laborer or materialman.
History
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. ¶
History
1924, p. 658; Michie Code 1942, § 6429a; 1968, c. 568; 2002, c.
772.
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