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Home>Levelset Community>Legal Help>In VA, on the 43-11 preliminary notice for commercial jobs, does it need to included the total amount due on the job or just the estimated total contract amount?

In VA, on the 43-11 preliminary notice for commercial jobs, does it need to included the total amount due on the job or just the estimated total contract amount?

VirginiaPreliminary Notice

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Feb 14, 2018
The 43-11 notices in Virginia are relatively unique, in that they are 2 entirely separate notices (one preliminary notice and one post-work notice) that are required to make the property owner and/or general contractor personally liable to a sub-tier lien claimant.

The preliminary 43-11 notice requires "the nature and character of [the noticing party's] contract and the probable amount of his claim." This requirement is likely met by providing the contract amount or a good-faith estimate thereof.

The post-work 43-11 notice, however, requires "a correct account, verified by affidavit, of [the noticing party's actual claim . . . for work done or materials furnished and of the amount due. . ." This notice, therefore, requires an actual accounting of the amount actually owed for the work performed.
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