Mechanic's Lien Guide
Virginia Mechanic's Lien Guide
Lien deadlines, notice requirements, and filing procedures for contractors, subcontractors, and suppliers in Virginia.
Virginia Lien Deadlines
Preliminary Notice
30 daysNotice to Lien Agent is required on residential jobs (1-2 family dwellings) and it must be sent to the lien agent within 30 days of first furnishing. You MUST get the name of the lien agent from the building permit. If there is no designated lien agent listed on the permit, no notice is required. No preliminary notice required on commercial jobs to preserve lien rights; however, sending a 1st and 2nd "43-11" Notice to the GC and owner creates a personal liability for them to pay subcontractors or suppliers.
Mechanic's lien
90 daysLien may be filed at any time after the work is commenced or the material is furnished, but not later than the earlier of (i) 90 days from the last day of the month in which the lienor last performed work or furnished materials or (ii) 90 days from the time the construction, removal, repair or improvement is terminated. Must enforce the lien by filing a lawsuit within 6 months of recording the lien, or within 60 days of project completion, whichever is later. Mechanic's liens cannot be extended in Virginia.
Calculate your Virginia Mechanics Lien Deadline
Your project
DISCLAIMER: These deadlines are pulled from recent lien laws, but you should consult a lien expert or lawyer to understand the deadlines specific to your situation.
Virginia deadlines
Showing deadlines for a Subcontractor. Deadlines can vary by role.
Enter your project dates on the left to calculate exact deadline dates.
Preliminary Notice
30 days (residential: preliminary notice required when a Mechanic Lien Agent is identified in the building permit); on other projects, notice within 30 days after completion of the entire work to make the owner/GC personally liable — recommended, not required (LienOps does not send)
Enter project dates to calculate
Mechanics Lien Filing
90 days from the last day of the month in which labor or materials were furnished, and within 90 days from completion of the work
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Enforcement (foreclosure)
Later of 6 months from the date the lien was recorded or 60 days from completion/termination of the project
Calculated once you record the lien
Unpaid-balance state: your lien may be limited to the amount the owner still owes the general contractor when notice is received.
Virginia Lien Guide
Preliminary Notice & Notice of Intent
Preliminary Notice: No preliminary notice required EXCEPT on residential (1-2 family dwellings) projects in which a lien agent is designated on the building permit. If no lien agent is designated, no notice is required. Notice of Intent to Lien: Not required, but considered best practice to prompt payment before filing.
Who Can File a Mechanic's Lien
Contractors, subcontractors, and suppliers are entitled to mechanic's lien rights in Virginia. An individual who is required to be licensed as a contractor but does not have a valid license is not covered. Further, if a contractor or sub has no lien rights, then those supplying them labor or materials will not have lien rights either, because a claimant’s lien rights are limited to the amount owed to their customer.
Who Gets the Notice
Notice is given to the lien agent and project owner.
Information Required
Information needed to file a mechanic's lien in Virginia includes: - Project owner’s name - Property description - Labor/materials description - Amount owed - Claimant’s info - Work dates
Virginia Public Works
In Virginia, a mechanic's lien on public works projects is not available. Subcontractors and suppliers must send a Notice of Claim to the surety and prime contractor within 90 days of last furnishing labor/materials. The claim must include the amount due, nature of labor/materials, and project description. Subcontractors and suppliers must initiate a lawsuit to enforce the bond claim within 1 year from last furnishing.
Virginia Lien Statutes
Official Resources
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