Vansant and Gusler, Inc. v. Washington

The question presented in this appeal is whether a private right of action for damages exists as the result of an alleged violation of Code § 43-13, a criminal statute codified among the mechanics’ lien laws.

At the time of this controversy, the statute provided:

“Any contractor or subcontractor or any officer, director or employee of such contractor or subcontractor who shall, with intent to defraud, retain or use the funds, or any part thereof, paid by the owner or his agent, the contractor or lender to such contractor or by the owner or his agent, the contractor or lender to a subcontractor…