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.
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Key Things to Know
- 1
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.
- 2
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.
- 3
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.
- 4
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.
- 5
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.
- 6
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.
- 7
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
Virginia Filing Deadline and Office
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.