It’s not always easy to receive the gold you’ve earned in the Old Dominion. Virginia, like all other states, has mechanics lien laws to help construction workers and suppliers like you get paid. Like all other states, Virginia mechanics lien and Virginia construction lien laws are also confusing and complicated. So you need to know how the law works to be able to properly file a Virginia lien and protect your right to be paid. Here are 5 things you need to know about the Virginia lien laws as reported to NLB busy our network of Virginia construction attorneys and Virginia construction lawyers to successfully file your next lien.
WHO CAN FILE A VIRGINIA MECHANICS LIEN
Generally, every state has laws that limit who can file a mechanics lien and a payment bond claim, and Virginia liens are not the same to perfect. You need to know how and when to take the required steps. The pre-lien or preliminary notice requirements are different for each state on Private, Public, and Federal Projects. When you send the notice to the owner, preliminary notice, or pre-lien notices are also different for a supplier, sub, GC, or design professional.
SCHEDULE A NO-COST INITIAL CALL WITH NLB’S GENERAL COUNSEL TO GET STARTED
National Lien & Bond professional lien providers and Virginia construction lawyers have helped subs and suppliers get paid on over 26,000 projects since 1986. NLB is here to help you learn what steps you need to take and when to send a notice or lien to secure your job funds on every project.
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NOTICE OF RIGHT TO LIEN
Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic’s lien, often referred to as the “Preliminary Notice”. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice to the construction lender. The Preliminary Notice timing shown is not always mandatory but will afford maximum protection for liens.
This notice may be served when you begin supplying materials to the project. If you miss the statutory date, you may in some states still serve the notice to capture remaining funds as state law typically bit not always provides. Notice (Statutory Form) to owner, contractor, construction lender & person with whom the claimant has contracted within a date certain from the time you began work, or in some times before you start and in others when you completed work.
The notice may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work or goods you will provide, the estimated total price of the work or goods you will provide, and the statutorily required statement.
PREPARING THE VIRGINIA MECHANICS LIEN
Every mechanics lien typically must contain the owner’s name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed. The lien may also include other statutorily required statements and best practices require a lien to be prepared by a lawyer in the project state.
FILING AND SERVING THE VIRGINIA MECHANICS LIEN
According to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder’s office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you may in several states need to provide proof of this service by affidavit and proof of mail delivery.
FINAL THOUGHTS
Even if circumstances change, it is never too late to start a dialogue with the owner and GC Click Here to set up an appointment with general counsel to discuss the details of your initial consultation. If you properly perfected all the required steps you can likely start a foreclose action on the lien, sue the surety on a bond or sue for collection and other remedies. Property owners and competing creditors may try to block your path, but if you followed the law, you will have placed yourself in a strong secured position against your adversaries. To learn how to secure all your receivables Click Here to set up an appointment with general counsel to discuss the details of securing your company’s entire receivables on private public and federal construction projects both in the USA or around the world.
Frequently Asked Questions
Does Virginia require a preliminary notice before filing a mechanics lien?
No — Virginia does NOT require a general preliminary notice (unlike California's 20-day Preliminary Notice under Cal. Civ. Code § 8200 or Florida's 45-day Notice to Owner under Fla. Stat. § 713.06). Sub-tier claimants can proceed directly to filing the Memorandum of Mechanics Lien within the 90-day window. However, Virginia DOES require sub-tier claimants to give the owner notice under Va. Code § 43-3.1 BEFORE the lien attaches — the notice limits sub-tier lien rights to the unpaid balance the owner owes the GC at the time of filing.
What is the deadline to file a Virginia mechanics lien?
Under Va. Code § 43-4, the Memorandum of Mechanics Lien must be filed with the Circuit Court clerk in the county or city where the property is located within 90 DAYS after the date the claimant last furnished labor or materials to the project. The 90-day deadline runs from LAST furnishing, not from project completion. Missing the deadline permanently bars the lien.
What is the deadline to file a Virginia mechanics lien foreclosure suit?
Under Va. Code § 43-17, the foreclosure action on a Virginia mechanics lien must be commenced in circuit court within SIX MONTHS after the date the claimant last furnished labor or materials OR within 60 DAYS after recording the Memorandum, whichever is LATER. This dual-deadline structure provides minimum protection of 60 days post-recording even if substantial work was performed long before recording. The deadline is a strict statute of repose that cannot be tolled.
What is the Virginia 'unpaid balance' lien limitation for sub-tier claimants?
Under Va. Code § 43-3 and § 43-3.1, sub-tier claimants (subcontractors, suppliers, equipment lessors) on Virginia construction projects have lien rights limited to the UNPAID BALANCE that the owner still owes the GC at the time of filing — not the full value of work performed. If the owner has already paid the GC in full before the lien is filed, sub-tier claimants may have no recovery from the property. This 'unpaid balance' rule makes prompt lien filing critical for Virginia sub-tier claimants — every day of delay risks the owner paying the GC and extinguishing the unpaid balance.
What contents are required on a Virginia Memorandum of Mechanics Lien?
Under Va. Code § 43-5, the Memorandum of Mechanics Lien must contain: (1) the amount claimed; (2) the name of the owner or reputed owner; (3) the name of the party who employed or hired the claimant; (4) a description of the property sufficient for identification; (5) the dates of first and last furnishing; (6) a description of the labor or materials furnished; (7) verification by the claimant under oath. Defective Memoranda missing required contents are unenforceable under Virginia law.
Are attorney's fees recoverable on Virginia mechanics lien claims?
Generally no — Virginia follows the American Rule. Attorney's fees are recoverable only where: (1) the underlying subcontract or supply agreement contains an enforceable fee-shifting clause; (2) the Virginia Prompt Payment Act (Va. Code § 11-62.1 et seq.) applies on public contracts and provides limited fee-shifting; (3) bad-faith claim handling by an insurer or surety can support common-law fee recovery. Pre-work contract review to include fee-shifting clauses is critical for Virginia contractors.
How does National Lien & Bond help with Virginia mechanics liens?
National Lien & Bond files Virginia mechanics liens for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Virginia-jurisdiction matters, NLB connects unpaid contractors with vetted Virginia construction-payment attorneys who handle Notice service under Va. Code § 43-3.1, Memorandum of Mechanics Lien filing under § 43-4, and foreclosure suit under § 43-17. NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Virginia lien losses. Contact NLB for a free initial consultation.