43-4 - Perfection of lien by general contractor; recordation and notice.
§ 43-4. Perfection of lien by general contractor; recordation and notice.
A general contractor, or any other lien claimant under §§ 43-7 and 43-9, inorder to perfect the lien given by § 43-3, provided such lien has not beenbarred by § 43-4.01 C, shall file a memorandum of lien at any time after thework is commenced or material furnished, but not later than 90 days from thelast day of the month in which he last performs labor or furnishes material,and in no event later than 90 days from the time such building, structure, orrailroad is completed, or the work thereon otherwise terminated. Thememorandum shall be filed in the clerk's office in the county or city inwhich the building, structure or railroad, or any part thereof is located.The memorandum shall show the names of the owner of the property sought to becharged, and of the claimant of the lien, the amount and consideration of hisclaim, and the time or times when the same is or will be due and payable,verified by the oath of the claimant, or his agent, including a statementdeclaring his intention to claim the benefit of the lien, and giving a briefdescription of the property on which he claims a lien. It shall be the dutyof the clerk in whose office the memorandum is filed to record and index thesame as provided in § 43-4.1, in the name of the claimant of the lien and ofthe owner of the property. From the time of such recording and indexing allpersons shall be deemed to have notice thereof. A lien claimant who is ageneral contractor, and not lien claimants under §§ 43-7 and 43-9, also shallfile along with the memorandum of lien, a certification of mailing of a copyof the memorandum of lien on the owner of the property at the owner's lastknown address. The cost of recording the memorandum shall be taxed againstthe person found liable in any judgment or decree enforcing such lien. Thelien claimant may file any number of memoranda but no memorandum filedpursuant to this chapter shall include sums due for labor or materialsfurnished more than 150 days prior to the last day on which labor wasperformed or material furnished to the job preceding the filing of suchmemorandum. However, any memorandum may include (i) sums withheld asretainages with respect to labor performed or materials furnished at any timebefore it is filed, but not to exceed 10 percent of the total contract priceand (ii) sums which are not yet due because the party with whom the lienclaimant contracted has not yet received such funds from the owner or anotherthird party. The time limitations set forth herein shall apply to all laborperformed or materials furnished on construction commenced on or after July1, 1980.
(Code 1919, § 6427; 1940, p. 401; 1968, c. 568; 1976, c. 413; 1980, c. 491;1992, cc. 779, 787; 1999, c. 533; 2003, c. 698; 2007, c. 505.)