Virginia mechanics lienNotice to the mechanics' lien agent and deadlines

How many days do you have to file a mechanics lien in Virginia?

File a verified memorandum of lien with the circuit court clerk where the property sits no later than 90 days from the last day of the month in which the claimant last furnished labor or material, and in any event within 90 days of completion or termination of the work. A general contractor must also file a certification that a copy was mailed to the owner. The memorandum must carry the claimant's contractor license number and dates, if licensed. Sums for work more than 150 days before the last day of work cannot be included (retainage up to 10% of the contract price excepted). Minimum $150 of labor/material.² Va. Code 43-4; 43-3(A); 43-5 (form)

When is the Virginia notice to the mechanics' lien agent due?

Memorandum-of-lien state; no general preliminary notice. One- and two-family homes: if the building permit names a mechanics' lien agent, a lien claimant (other than a site-development claimant under 43-3(B)) must notify that agent within 30 days of first furnishing labor/material (or within 30 days of permit issuance if work started earlier), otherwise the lien is limited to work after notice is given. Subcontractors must also give the owner written notice of the amount and character of the claim (lien capped at what the owner owes the general contractor); second-tier suppliers also notify the general contractor. An optional preliminary notice plus a second verified notice (within 30 days after completion) create owner/GC personal liability under 43-11.¹ Va. Code 43-4.01(B)-(C); 43-7(A); 43-9; 43-11

How long is a mechanics lien good for in Virginia?

Suit to enforce must be brought within six months of recording the memorandum, or within 60 days after the building was completed or work terminated, whichever is later. Filing a petition in an existing suit counts as starting suit. The period does not extend the time to perfect the lien.³ Va. Code 43-17

Who can file a mechanics lien in Virginia?

Persons furnishing labor or materials worth $150 or more (including equipment rental) to construct, remove, repair or improve a building or structure; repairs to existing structures need owner or owner's agent authorization. Subcontractors and lower-tier suppliers have rights limited by 43-7 and 43-9. A person without a required contractor license, or without the proper license class for the job value, gets no lien. Advance waivers of lien rights by contractors, subs and suppliers are void.⁴ Va. Code 43-3(A), (C), (D); 43-1; 43-7; 43-9

Does a Virginia lien claim have to be notarized?

The memorandum must be verified by oath of the claimant or agent, with a notary/officer affidavit in the statutory form, and a copy mailed to the owner.⁵ Va. Code 43-4; 43-5

What about public jobs in Virginia?

Public contracts over $500,000 (nontransportation) or $350,000 (state-funded transportation) require a payment bond for the full contract amount. A claimant with a direct contract with the prime may sue on the bond if unpaid 90 days after last work; a second-tier claimant (contract with a subcontractor) must give written notice to the prime by registered/certified mail within 90 days of last work (retainage claims are not subject to that limit). Suit must be filed within one year after the claimant last furnished labor/material.⁶ Va. Code 2.2-4337; 2.2-4341

How do you file a mechanics lien in Virginia?

1. Notice to the mechanics' lien agent: due 30 days after you first furnished. Va. Code 43-4.01(B)-(C); 43-7(A); 43-9; 43-11 Applies to one- and two-family homes when the building permit names a mechanics' lien agent.
2. File the memorandum of lien: due 90 days from the last day of the month you last furnished, or 90 days after completion or termination of the work, whichever comes first. Va. Code 43-4; 43-3(A); 43-5 (form)
3. Sue to enforce: due 6 months after recording the memorandum, or 60 days after completion or termination, whichever is later. Va. Code 43-17

Each line restates the statute cited next to it. Check the statute text before you file.