Scaling Legends
April 3, 2026 51 min read

How to File a Construction Lien in Virginia: Deadlines, Forms, and Process for 2026

How to File a Construction Lien in Virginia: Deadlines, Forms, and Process for 2026

Protect your payment rights in Virginia. Step-by-step guide to filing a mechanics lien including deadlines, preliminary notice requirements, forms, and enforcement under Virginia Code §43-1 through 43-23.

How to File a Construction Lien in Virginia: Deadlines, Forms, and Process for 2026

How to File a Construction Lien in Virginia: Deadlines, Forms, and Process for 2026

Virginia’s construction landscape is dynamic, particularly in the bustling NoVA/DC metro area, where projects abound. For contractors, subcontractors, and suppliers operating in this vibrant market, understanding your rights to payment is paramount. When payment disputes arise, a mechanics lien is often the most powerful tool available to secure what you’ve earned. However, Virginia’s mechanics lien laws are precise, with strict deadlines and procedural requirements. Missing a single step can invalidate your claim and jeopardize your financial recovery.

This guide, brought to you by Scaling Legends, cuts through the complexity. We provide a direct, no-BS walkthrough of how to effectively file a construction lien in Virginia, accurate to Virginia Code §43-1 through 43-23. Consider this your roadmap to navigating the Virginia mechanics lien process with confidence.

Overview of Virginia Mechanics Lien Law

In Virginia, a mechanics lien (often referred to as a construction lien) is a statutory right that allows those who furnish labor or materials for the improvement of real property to secure payment by placing a lien on the property itself. This means that if you’re not paid for your work, you can force the sale of the property to satisfy your debt, making it a powerful collection tool. The legal framework governing mechanics liens in the Commonwealth is primarily found in Virginia Code §43-1 through 43-23.

The core principle is to protect those who enhance the value of property but are not in direct contractual privity with the owner or whose direct contract with the owner goes unpaid. Unlike some states, Virginia employs a “lien fund” theory for subcontractors, meaning a subcontractor’s lien is generally limited to the amount the owner owes the general contractor at the time the owner receives notice of the lien. This is a critical distinction and underscores the importance of timely action.

Virginia’s three-tier licensing system for contractors is straightforward, and understanding your place in the contractual chain is crucial for determining specific lien requirements and limitations. While the system is designed to be accessible, the lien process itself demands meticulous attention to detail.

Who Has Lien Rights in Virginia?

Virginia law is relatively broad in granting lien rights to various parties involved in construction projects. Generally, anyone who performs labor or furnishes materials for the construction, repair, or improvement of any building or structure has the right to file a mechanics lien. This includes:

  • General Contractors (Prime Contractors): Those who contract directly with the property owner.

  • Subcontractors: Those who contract with a general contractor to perform work or supply materials.

  • Sub-subcontractors: Those who contract with a subcontractor. Virginia law generally extends lien rights down to the second tier of subcontractors (those contracting with a first-tier subcontractor). However, lien rights typically do not extend to parties further down the chain (e.g., sub-sub-subcontractors).

  • Material Suppliers/Materialmen: Companies or individuals who supply materials that are incorporated into the project.

  • Laborers: Individuals who perform manual labor on the project.

  • Design Professionals: Architects, engineers, and surveyors who provide professional services for the improvement of the property, even if they do not directly furnish physical labor or materials to the site, provided their plans or designs are actually used in the improvement.

It’s important to note that the work or materials must be for the “improvement” of the property. This generally means permanent improvements to the real estate, not merely temporary services or equipment rentals that are removed after use (unless the rental equipment forms an integral part of the improvement itself, like a scaffold that becomes part of the structure being built).

Virginia’s Preliminary Notice Requirements

Unlike many other states that require a formal “preliminary notice” at the outset of a project to preserve lien rights, Virginia does not have a universal preliminary notice requirement for all parties. However, there are specific notice requirements that act similarly, especially for lower-tier claimants, and failing to adhere to them can be fatal to your lien claim.

No Universal Preliminary Notice

For general contractors and those in direct contract with the owner, there is no requirement to send a preliminary notice at the start of work to preserve their right to file a mechanics lien. Their primary obligation is to file the Memorandum of Mechanic’s Lien within the statutory deadline.

Subcontractor’s Notice of Intent to Claim a Lien (§43-7)

This is the most critical “pre-lien” notice requirement in Virginia. A subcontractor (including a sub-subcontractor with valid lien rights) who wishes to perfect a lien must, at least 30 days before the expiration of the 90-day filing period for the Memorandum of Lien (discussed below), give written notice of their intention to claim a lien to the general contractor. This notice must state the amount and character of the claim. This notice is crucial because:

  • It helps establish the “lien fund”: The amount of the subcontractor’s claim against the owner generally cannot exceed the amount the owner is indebted to the general contractor at the time this notice is given, or thereafter becomes indebted, for the specific project.

  • It is a prerequisite for filing the Memorandum of Lien for subcontractors.

Method of Service: This notice should be sent via certified mail, return receipt requested, or served personally to ensure proof of delivery.

General Contractor’s Notice to Owner (§43-4)

While not a “preliminary notice,” general contractors are required to mail a copy of their filed Memorandum of Mechanic’s Lien to the owner of the property at the owner’s last known address. This must be done within the same 90-day period required for filing the lien itself (i.e., within 90 days from the last day of the month in which the claimant last performed labor or furnished materials). This ensures the owner is formally aware of the lien.

Subcontractor’s Notice to Owner and General Contractor After Filing (§43-7)

In addition to filing the Memorandum of Lien, subcontractors must give notice in writing to the owner of the property (or their agent) and the general contractor of the amount and character of their claim. This notice must be given within 30 days of filing the Memorandum of Lien. This is a separate notice from the “Notice of Intent to Claim a Lien” mentioned above.

Method of Service: Again, certified mail, return receipt requested, or personal delivery is recommended for proof of service.

Understanding these distinct notice requirements is non-negotiable. Do not confuse them; each serves a different purpose and has its own deadline.

How to File a Construction Lien in Virginia: A Step-by-Step Process

Filing a mechanics lien in Virginia is a multi-step process that demands precision. Follow these steps meticulously to ensure your lien is valid and enforceable.

Step 1: Identify Your Lien Rights and Position in the Project

Confirm that you are a party entitled to file a mechanics lien under Virginia Code §43-1 et seq. (General contractor, subcontractor, sub-subcontractor, supplier, design professional). Understand your contractual relationship: are you directly with the owner, or are you a subcontractor? This dictates which specific notice requirements and deadlines apply to you.

Step 2: Collect All Necessary Information and Documentation

Before you can draft the Memorandum of Mechanic’s Lien, you need accurate data. Gather the following:

  • Exact Legal Name of Property Owner(s): This can be found on the deed recorded with the county clerk or through property tax records.

  • Legal Description of the Property: Not just a street address. Obtain the tax map parcel number, lot and block numbers, or metes and bounds description from the deed or county records.

  • Your Legal Business Name and Address.

  • Name of the General Contractor (if you are a subcontractor or sub-subcontractor).

  • Total Amount Owed: The precise sum you are claiming, itemized if necessary.

  • Dates of Work/Material Furnishing: Specifically, the last day of the month in which you last performed labor or furnished materials. This is critical for deadline calculation.

  • Contractual Agreements: Copies of your contract, change orders, invoices, and any correspondence related to payment.

Step 3: Draft the Memorandum of Mechanic’s Lien

Virginia Code §43-4 and §43-5 specify the required content for a valid Memorandum of Mechanic’s Lien. While specific forms may vary by locality or legal counsel, the core elements must include:

  • The name of the owner of the property.

  • The name of the claimant (your company or individual name).

  • The amount and character of the claimant’s demand, stating the consideration therefor (e.g., “for labor performed and materials furnished for construction of a new residence”).

  • The time when the labor was performed or the materials furnished (specifically, the last day of the month in which labor was performed or materials furnished).

  • A description of the property intended to be covered by the lien, sufficient to identify it.

  • If the claimant is a subcontractor, the memorandum must also state the name of the general contractor and the amount claimed.

  • The memorandum must be verified by the oath of the claimant or their agent. This means it must be notarized.

Accuracy is paramount. Errors in the property description, owner’s name, or amount claimed can invalidate the lien.

Step 4: Execute and Notarize the Memorandum

The Memorandum of Mechanic’s Lien must be signed by the claimant or their agent and then notarized. Ensure all required blanks are filled accurately before signing and taking it to a notary public.

Step 5: File the Memorandum with the Circuit Court Clerk

The Memorandum of Mechanic’s Lien must be recorded in the clerk’s office of the circuit court of the county or city where the property (or any part thereof) is located. You will present the original notarized document and pay the required filing fees. The clerk will record the document and return a stamped copy to you. This is the official “filing” of the lien.

Step 6: Serve Notice of the Lien

This is where Virginia’s notice requirements become critical and depend on your role:

  • For General Contractors (§43-4): You must mail a copy of the filed Memorandum of Mechanic’s Lien to the owner of the property at their last known address. This must be done within the same 90-day period allowed for filing the lien itself. Send via certified mail, return receipt requested, or personal delivery.

  • For Subcontractors (§43-7): In addition to filing, you must give notice in writing to the owner of the property (or their agent) AND the general contractor of the amount and character of your claim. This notice must be given within 30 days of the date you filed the Memorandum of Mechanic’s Lien. Send via certified mail, return receipt requested, or personal delivery.

Retain proof of mailing (e.g., certified mail receipt, green card) or proof of personal service.

Step 7: Enforce the Lien (If Necessary)

Filing the lien does not guarantee payment; it merely secures your claim against the property. If payment is still not received, you must initiate a lawsuit to enforce (foreclose on) the lien. This involves filing a “Bill of Complaint to Enforce Mechanic’s Lien” in the circuit court where the lien was recorded. There is a strict deadline for this action, detailed in the “Enforcement Deadline” section below.

Critical Deadlines and Timeline in Virginia

Virginia’s lien deadlines are unforgiving. Missing a deadline by even one day can result in the loss of your lien rights. Pay extremely close attention to these timeframes:

Subcontractor’s Notice of Intent to Claim a Lien (to GC - §43-7): If you are a subcontractor, you must give written notice of your intention to claim a lien to the general contractor at least 30 days before the expiration of the 90-day period for filing the Memorandum of Lien. This means this notice must be sent by the 60th day after the last day of the month in which you last performed labor or furnished materials.

Filing the Memorandum of Mechanic’s Lien (All Claimants - §43-4): The Memorandum of Mechanic’s Lien must be recorded in the clerk’s office of the circuit court within 90 days from the last day of the month in which the claimant last performed labor or furnished material. This is a critical distinction: it’s not 90 days from your last day on the job, but 90 days from the end of the month in which your last work occurred. For example, if your last day of work was January 15th, the 90-day clock starts on January 31st.

General Contractor’s Notice to Owner (of filed lien - §43-4): If you are a general contractor, a copy of the recorded Memorandum of Mechanic’s Lien must be mailed to the owner of the property at their last known address within the same 90-day period allowed for filing the lien itself (i.e., within 90 days from the last day of the month in which the claimant last performed labor or furnished materials).

Subcontractor’s Notice to Owner and GC (of filed lien - §43-7): If you are a subcontractor, you must give written notice to the owner (or their agent) and the general contractor of the amount and character of your claim within 30 days of the date you filed the Memorandum of Mechanic’s Lien.

Enforcement Deadline (Lawsuit to Enforce Lien - §43-17): A lawsuit (Bill of Complaint to Enforce Mechanic’s Lien) must be filed in the appropriate circuit court within 6 months from the time the Memorandum of Mechanic’s Lien was recorded OR 60 days from the time the building, structure, or railroad was completed or the work thereon otherwise terminated, whichever period expires later. This “whichever expires later” clause is important; always calculate both to determine the absolute final deadline.

Required Content of the Lien Claim in Virginia

The Memorandum of Mechanic’s Lien must contain specific information as outlined in Virginia Code §43-4 and §43-5. Failing to include any of these elements, or including inaccurate information, can lead to the invalidation of your lien. Ensure your document includes:

  • Name of the Owner: The legal name of the property owner(s) at the time the lien is filed.

  • Name of the Claimant: Your full legal business name or individual name.

  • Amount and Character of the Claim: The precise dollar amount you are claiming, along with a brief description of the work performed or materials furnished (e.g., “$X for carpentry labor and framing materials”).

  • Consideration for the Claim: A statement of what the amount is for.

  • Time When Labor Performed or Materials Furnished: Crucially, this refers to the date of the last day of the month in which labor was performed or materials were furnished.

  • Description of the Property: A legal description sufficient to identify the property. A street address alone is often insufficient; include parcel IDs, lot and block numbers, or metes and bounds.

  • Name of the General Contractor (if claimant is a subcontractor or sub-subcontractor): This is required under §43-7.

  • Verification: The memorandum must be verified by the oath of the claimant or their agent, meaning it must be signed in the presence of a notary public.

Service Requirements for Virginia Liens

Proper service of notices and the lien memorandum is as crucial as proper filing. Virginia law specifies who must be notified and how:

For General Contractors (serving the Owner - §43-4): A general contractor must mail a copy of the recorded Memorandum of Mechanic’s Lien to the owner of the property at their last known address. This must be done within the 90-day filing window. Method: Certified mail, return receipt requested, or personal delivery. Retain the green card or proof of personal service.

For Subcontractors (serving the GC with Notice of Intent - §43-7): A subcontractor must give written notice of their intention to claim a lien to the general contractor. This must be done at least 30 days before the expiration of the 90-day filing period. Method: Certified mail, return receipt requested, or personal delivery. Proof of delivery is essential.

For Subcontractors (serving the Owner and GC with notice of filed lien - §43-7): A subcontractor must give notice in writing to the owner of the property (or their agent) and the general contractor of the amount and character of their claim. This must be done within 30 days of filing the Memorandum of Mechanic’s Lien. Method: Certified mail, return receipt requested, or personal delivery. Keep all receipts and delivery confirmations.

Failure to properly serve the required parties can invalidate your lien, even if it was filed correctly. Always prioritize proof of service.

Enforcement Deadline for Virginia Liens

Recording a mechanics lien is only the first step in securing payment. If the debt remains unpaid, you must take legal action to enforce the lien. In Virginia, this means filing a lawsuit, known as a “Bill of Complaint to Enforce Mechanic’s Lien.”

The deadline for filing this lawsuit is specified in Virginia Code §43-17:

You must file the Bill of Complaint in the circuit court where the lien was recorded within 6 months from the time the Memorandum of Mechanic’s Lien was recorded OR 60 days from the time the building, structure, or railroad was completed or the work thereon otherwise terminated, whichever period expires later.

This “whichever expires later” clause is crucial. You must calculate both dates and choose the later one as your deadline. This is not a deadline to be taken lightly; missing it will result in the automatic expiration and unenforceability of your lien.

Lien Waivers Under Virginia Law

Lien waivers are common documents exchanged in the construction industry, typically in exchange for progress or final payments. Virginia law generally recognizes and enforces lien waivers, but understanding their implications is vital.

Conditional Waivers: These waivers become effective only upon the actual receipt of payment. For example, a “Conditional Waiver and Release of Lien Upon Progress Payment” might state that it is effective only when the specified payment has cleared the bank. This is generally preferred as it protects your lien rights until funds are truly in hand.

Unconditional Waivers: These waivers are effective immediately upon signing, regardless of whether payment has actually been received or cleared. Signing an unconditional waiver before receiving payment means you are relinquishing your lien rights for the period covered, even if the check bounces or payment never materializes. Exercise extreme caution with unconditional waivers.

Key Considerations:

  • Always read waivers carefully before signing.

  • Ensure the waiver specifies the exact payment amount and period it covers.

  • Never sign an unconditional waiver without having confirmed receipt of cleared funds.

  • Virginia law does not prohibit “no-lien clauses” in contracts, which attempt to waive lien rights before work begins. However, the enforceability of such clauses can be complex and may be subject to judicial interpretation regarding fairness and public policy.

Bond Claims on Virginia Public Projects (Little Miller Act Equivalent)

Mechanics liens cannot be filed against public property (e.g., schools, government buildings, roads) in Virginia. Instead, claimants on state or local public projects are protected by payment bonds, often referred to as “Little Miller Act” claims, referencing the federal Miller Act.

The Virginia Public Procurement Act (Virginia Code §2.2-4337) governs these bond claims:

Who is Protected: Generally, those who have a direct contract with the prime contractor or with a subcontractor. The protection typically extends down two tiers from the prime contractor (i.e., prime contractor’s subs and their subs/suppliers).

Notice Requirement: Any claimant who does not have a direct contractual relationship with the prime contractor must give written notice to the prime contractor within 180 days after the date on which the claimant last performed labor or furnished materials. This notice must state with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or labor performed.

Lawsuit Deadline: A lawsuit to enforce a bond claim must be filed within one year after the day on which the claimant last performed labor or furnished material.

Where to File: The lawsuit must be brought in the circuit court of the county or city in which the public project is located, or in the Circuit Court of the City of Richmond if the project is for the Commonwealth.

These deadlines and notice requirements are distinct from private project mechanics liens. Understand which type of project you are on and follow the correct procedures.

Common Mistakes That Invalidate Virginia Liens

Even a minor error can be fatal to your mechanics lien claim in Virginia. Avoid these common pitfalls:

  • Missing Deadlines: The 90-day filing deadline (from the last day of the month), the 30-day subcontractor notice to GC, the 30-day subcontractor notice after filing, and the 6-month/60-day enforcement deadline are absolute.

  • Incorrect Property Description: Using only a street address instead of a full legal description can invalidate the lien.

  • Incorrect Owner Name: Failing to correctly identify the legal owner of the property.

  • Improper Service: Not mailing the required notices via certified mail, return receipt requested, or not obtaining proof of personal service.

  • Insufficient Detail in Memorandum: Omitting required information such as the amount, character of the claim, or the last day of the month of work/materials.

  • Failure to Notarize: The Memorandum of Mechanic’s Lien must be verified by oath.

  • Claiming for Non-Lienable Work: Including items not considered “improvements” to the real property (e.g., temporary equipment rentals not incorporated into the structure).

  • Subcontractor Lien Fund Error: Forgetting that a subcontractor’s lien is limited to the amount the owner owes the general contractor, and failing to provide the required 30-day pre-filing notice to the GC.

  • Failing to Enforce: Recording the lien is not enough; you must file a lawsuit to enforce it within the statutory period.

  • Incorrect Venue: Filing the lien or lawsuit in the wrong county or city circuit court.

Lien Release and Discharge Process in Virginia

Once your debt has been paid or the dispute resolved, it is your legal obligation to release or discharge the mechanics lien from the property. This removes the cloud on the property’s title and allows the owner to sell, refinance, or otherwise deal with their property freely.

The process typically involves filing a “Certificate of Satisfaction” or “Release of Mechanic’s Lien” with the same circuit court clerk’s office where the original lien was recorded. Virginia Code §43-17.1 outlines the procedure:

  • Preparation: Draft a Certificate of Satisfaction or Release document. This document should reference the original lien by its book and page number (or instrument number) and clearly state that the lien is satisfied and released.

  • Execution: The document must be signed by the lien claimant (or an authorized agent) and usually notarized.

  • Filing: File the executed and notarized release with the clerk of the circuit court. You will pay a small filing fee. The clerk will record the release, effectively removing the lien from the property’s public record.

  • Timeliness: If a lien has been satisfied, the lien claimant has a legal obligation to record a certificate of satisfaction within a reasonable time. Failure to do so can result in penalties or liability for damages to the property owner.

It’s good practice to provide a copy of the recorded release to the property owner and general contractor for their records.

Virginia-Specific Filing Fees and Costs

The costs associated with filing a mechanics lien in Virginia primarily consist of recording fees charged by the circuit court clerk’s office. These fees can vary slightly by county or city but generally include:

  • Recording Fee for Memorandum of Mechanic’s Lien: This is typically a flat fee per document, often in the range of $20-$30, plus a per-page fee for documents exceeding a certain length.

  • Service Fees: If you use a process server for personal delivery of notices, there will be additional costs. Certified mail, return receipt requested, also incurs postal fees.

  • Notary Fees: A small fee for notarizing the memorandum.

  • Copy Fees: For obtaining certified copies of the recorded lien.

Important: Always check the specific fee schedule for the circuit court clerk’s office in the county or city where the property is located. These schedules are usually available on the clerk’s website or by calling their office directly.

Beyond these direct filing costs, consider potential attorney’s fees if you choose to hire legal counsel to draft, file, and serve your lien, or if you need to enforce it through litigation. While some lien statutes allow for the recovery of attorney’s fees, this is not always guaranteed and depends on the specifics of the case and contract.

When to Hire a Virginia Construction Attorney

While this guide provides a comprehensive overview, the nuances of Virginia lien law can be complex. We strongly recommend consulting with a qualified Virginia construction attorney in the following situations:

  • Anytime You’re Unsure: If you have any doubts about deadlines, required content, service methods, or your eligibility, a lawyer’s advice can prevent costly mistakes.

  • Large or Complex Projects: High-value claims or projects with multiple parties, intricate contracts, or unusual circumstances warrant legal review.

  • Disputed Claims: If the owner or general contractor disputes the amount owed, the quality of work, or the validity of your lien, legal counsel is essential.

  • Enforcement Action: Filing a lawsuit to enforce a mechanics lien is a complex legal proceeding that requires experienced litigation counsel.

  • Bond Claims: Public project bond claims have distinct rules; an attorney can ensure compliance.

  • Waiver Review: Before signing any lien waiver, especially unconditional ones, have an attorney review it to protect your rights.

  • Interstate Projects: If your company operates across state lines, ensuring compliance with Virginia-specific laws is crucial.

An attorney specializing in Virginia construction law can save you significant time, money, and frustration by ensuring your lien is perfected correctly and effectively enforced.

Technology Tools for Tracking Virginia Lien Deadlines

In today’s fast-paced construction environment, manual tracking of lien deadlines for multiple projects across different states is prone to error. Fortunately, technology offers robust solutions to mitigate this risk:

  • Lien Management Software: Specialized platforms exist that integrate project data, automatically calculate deadlines based on state statutes (like Virginia’s 90-day-from-end-of-month rule), generate required lien forms, and even facilitate document service.

  • Project Management Software with Lien Integrations: Many modern PM tools offer modules or integrations that can help track key dates, payment applications, and material deliveries, which are crucial inputs for lien deadline calculations.

  • Calendar and Reminder Systems: While basic, utilizing digital calendars with multiple alerts (e.g., 60-day, 30-day, 7-day reminders) for each critical deadline can provide a layer of protection.

  • Cloud-Based Document Management: Securely storing all contracts, invoices, proof of delivery, and correspondence in a cloud system makes it easy to retrieve necessary documentation quickly when a lien needs to be filed.

Leveraging these tools can significantly reduce administrative burden and improve the accuracy of your lien compliance efforts, ensuring you never miss a critical Virginia deadline.

Frequently Asked Questions About Virginia Construction Liens

What is the difference between a mechanics lien and a judgment lien in Virginia?

A mechanics lien is a specific statutory lien granted to those who improve real property, attaching to the property itself to secure payment for labor and materials. It has strict deadlines and procedural requirements. A judgment lien, conversely, arises after a creditor obtains a monetary judgment against a debtor in court. This judgment can then be recorded against any real property owned by the debtor, creating a general lien that secures the judgment amount. Mechanics liens are proactive tools to secure payment before a lawsuit, while judgment liens are reactive, arising after a successful lawsuit.

Can a Virginia mechanics lien be filed against a condominium unit?

Yes, a mechanics lien can generally be filed against an individual condominium unit in Virginia, provided the work or materials were specifically furnished for the improvement of that unit. If the work was for common elements of a condominium association, the lien would typically be against the association’s property or potentially prorated across units, depending on the specific circumstances and condominium documents. This can be a complex area, and legal advice is recommended.

What happens if I file a Virginia mechanics lien too late?

If you miss any of the critical deadlines for filing or serving a Virginia mechanics lien (e.g., the 90-day filing deadline from the last day of the month of work), your lien will be invalid and unenforceable. This means you lose your statutory right to secure payment against the property. Your only recourse for payment would then be through a traditional breach of contract lawsuit, which does not provide the same security against the property.

Can I recover attorney’s fees if I have to enforce my Virginia mechanics lien?

Virginia Code §43-17 provides that in a suit to enforce a mechanics lien, “the court shall determine the amount for which such lien shall be perfected, and may allow reasonable attorney’s fees.” This means that while attorney’s fees may be recoverable, it is not an automatic right. The court has discretion to award them based on the specific facts and circumstances of the case, including the reasonableness of the fees and the conduct of the parties.

What is the “last day of the month” rule for Virginia lien deadlines?

Virginia’s 90-day deadline for filing a Memorandum of Mechanic’s Lien runs from the “last day of the month in which the claimant last performed labor or furnished material.” This is a crucial distinction. For example, if you last worked on October 5th, the 90-day clock starts on October 31st. If you last worked on October 28th, the 90-day clock still starts on October 31st. This often gives claimants a slightly longer window than simply 90 days from the physical last day of work. Always calculate from the end of the month.

Are architects and engineers entitled to mechanics liens in Virginia?

Yes, Virginia Code §43-1 explicitly includes “architects and engineers” among those who have a lien for the payment of the value of their work. However, their plans or designs must have actually been used in the improvement of the property. This right extends to their professional services, not just physical labor or materials furnished at the site.

What if the owner pays the general contractor, but the general contractor doesn’t pay me (a subcontractor)?

This is where the “lien fund” theory in Virginia becomes critical for subcontractors. A subcontractor’s lien is generally limited to the amount the owner owes the general contractor at the time the owner receives notice of the subcontractor’s claim (or thereafter becomes indebted). If the owner has already paid the general contractor in full before receiving proper notice of your lien claim, your ability to collect from the owner via a mechanics lien may be limited or extinguished. This underscores why timely notice and filing are paramount for subcontractors.

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