Virginia Mechanics Lien
File a Virginia mechanics lien to secure payment for construction work. Learn the 90-day recording deadline for the memorandum of lien and how to enforce it.
Introduction
A Virginia mechanics lien is a legal claim recorded against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once recorded, the memorandum of lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. That security is what gives the lien its leverage, and Virginia grants the right in Title 43. The lien only works if you perfect it on time. You record the memorandum of lien in the clerk's office no later than 90 days from the last day of the month in which you last performed labor or furnished material, and never later than 90 days from completion. You then have to sue within six months from when the memorandum was recorded or sixty days from completion of the work, whichever last occurs. DocDraft prepares a Virginia mechanics lien and its notices from your project details, and attorney review is available before you record.
Key Things to Know
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A Virginia mechanics lien secures payment against the improved property. General contractors, subcontractors, and material suppliers who furnished labor or materials to a building or structure and were not paid can record one under Title 43.
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There is no fixed preliminary notice for a commercial general contractor. On a one- or two-family home with a mechanic's lien agent named in the permit, a claimant must notify that agent within 30 days of first furnishing, under section 43-4.01.
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The recording deadline runs from the last day of the month in which you last performed labor or furnished material. Under section 43-4 you file the memorandum of lien within 90 days of that date, and never later than 90 days from completion.
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Recording is not the last step. Under section 43-17 you must sue to enforce within six months from when the memorandum of lien was recorded or sixty days from completion or termination of the work, whichever last occurs.
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Virginia reads these rules strictly. The memorandum cannot include sums for labor or materials furnished more than 150 days before the last day you furnished them before filing, and a missed deadline generally forfeits the lien.
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Virginia prescribes the form. Section 43-5 says the memorandum of lien and supporting affidavit are sufficient if substantially in the statutory form, which states the owner, claimant, property, the amount claimed, and the dates work was performed.
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Homes carry an extra step. For a one- or two-family residence where a mechanic's lien agent is named in the building permit, any claimant must notify that agent in writing within 30 days of first furnishing to preserve lien rights under section 43-4.01.
Key decisions before you file
Before you file a Mechanics Lien in Virginia, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Virginia Requirements for Mechanics Lien
File the Virginia mechanics lien in the correct office, a county recorder or court as Virginia requires, within the state's deadline after you last furnish labor or materials. Virginia applies the deadline strictly, so filing late or in the wrong office can void the lien.
Frequently Asked Questions
A Virginia mechanics lien is a claim a contractor, subcontractor, or supplier records against property they improved but were not paid for. The recorded memorandum of lien attaches to the real estate, clouds the title so the owner cannot easily sell or refinance, and can be foreclosed through a court-ordered sale. Virginia sets out the right in Title 43 of the Code.
General contractors, subcontractors, and material suppliers who furnished labor or materials to a building or structure and were not paid can record a Virginia lien. A general contractor perfects by filing a memorandum of lien. A subcontractor must both file the memorandum and give the owner written notice under section 43-7 to reach money still owed to the general contractor.
You file the memorandum of lien in the clerk's office where the property sits no later than 90 days from the last day of the month in which you last performed labor or furnished material, and in no event later than 90 days from when the work was completed or terminated. Virginia measures the 90 days from the end of that month, not the exact last workday.
Virginia does not require a general commercial preliminary notice with a fixed deadline. The exception is residential: on a one- or two-family dwelling where a mechanic's lien agent is designated in the building permit, section 43-4.01 requires any claimant to notify that agent within 30 days of first furnishing labor or materials, or within 30 days of permit issuance.
You must bring suit to enforce the lien within six months from the time the memorandum of lien was recorded, or within sixty days from the time the work was completed or otherwise terminated, whichever last occurs, under section 43-17. Because the deadline turns on which event falls later, calendar both dates and use the later one.
If you miss the 90-day recording deadline or the deadline to sue under section 43-17, the lien is generally lost, because Virginia applies these rules strictly. You can still pursue the party who hired you for breach of contract to recover the unpaid amount, but you give up the security that a lien against the property provides.
Two Virginia features catch claimants off guard. A memorandum of lien cannot include sums for labor or materials furnished more than 150 days before the last day you furnished them before filing. And on a one- or two-family home with a designated mechanic's lien agent, you must notify that agent within 30 days of first furnishing.
When the debt is paid, the claimant should record a certificate releasing the memorandum of lien to clear the title. A Virginia lien also lapses if no enforcement suit is filed within the section 43-17 deadline. An owner who believes a lien is invalid or excessive can ask the court to remove it. Attorney review is available if you are unsure about the timing.