Giving a lien, as a matter of right, on real property to one who has performed labor or furnished materials in the construction and improvement of buildings is one of the oldest concepts in American law. The underlying theory was to assure such mechanics and materialmen payment for their work and supplies in order to encourage the erection of buildings in a country which was largely wilderness. Although the country is now extensively covered with cities, towns and unincorporated communities, and is rapidly becoming more so covered, it remains a part of public policy to charge real property with the burden of ultimately assuring the payment due mechanics and materialmen for their contributions toward improvement thereof.

It is stating the obvious to say that, since the early days of our Country, the rate of building construction has vastly increased, the methods of financing such construction have considerably changed, and more groups of specialists, laborers and suppliers are involved. Such is even more the case in the last several decades. Virginia's Mechanic' and Materialmen's Lien Law has not been essentially changed for many decades.

Realizing the need for a study which might reveal the necessity for changes in this Law in order to adapt it to modern conditions and business practices in the construction industry and the financing thereof, the General Assembly of Virginia, at its 1966 Regular Session, adapted Senate Joint Resolution No. 2 directing the Virginia Advisory Legislative Council to make a study and report on this matter.