Virginia Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under Va. Code §43-1 et seq. — Private Works, Personal Liability, Payment Bonds & Public Projects
Virginia mechanic lien deadline table with toggles for project type and claimant type.
Virginia Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Not required on commercial projects. A prime contractor in privity with the owner has no general preliminary notice obligation.
On residential projects (1-4 family dwelling units) where the owner has designated a Mechanics Lien Agent on the building permit, serve a Preliminary Notice on the Mechanics Lien Agent within 30 days of first furnishing labor or materials.
Record the Memorandum of Mechanic's Lien in the circuit court clerk's office for the city or county where the property is located within 90 days after the last day of the month in which labor or materials were last furnished.
The memorandum must in no event be recorded later than 90 days after the building or structure is completed or work is otherwise terminated.
The lien captures only labor and materials furnished within the 150 days immediately preceding the last day of work in the month for which the memorandum is filed.
Commence suit to enforce the mechanic lien within the later of 6 months after recording the Memorandum of Mechanic's Lien or 60 days after completion of the building or structure.
Preliminary Notice
Not required on commercial projects. A prime contractor in privity with the owner has no general preliminary notice obligation.
On residential projects (1-4 family dwelling units) where the owner has designated a Mechanics Lien Agent on the building permit, serve a Preliminary Notice on the Mechanics Lien Agent within 30 days of first furnishing labor or materials.
Mechanic Lien
Record the Memorandum of Mechanic's Lien in the circuit court clerk's office for the city or county where the property is located within 90 days after the last day of the month in which labor or materials were last furnished.
The memorandum must in no event be recorded later than 90 days after the building or structure is completed or work is otherwise terminated.
The lien captures only labor and materials furnished within the 150 days immediately preceding the last day of work in the month for which the memorandum is filed.
Enforcement
Commence suit to enforce the mechanic lien within the later of 6 months after recording the Memorandum of Mechanic's Lien or 60 days after completion of the building or structure.
Virginia Mechanic Lien Law Overview
Virginia construction mechanic lien rights are governed by the Virginia Code §43-1 et seq. (§43-1 to §43-23.2 for mechanic liens, §43-64 to §43-71 for enforcement). This statutory framework provides Mechanic's Lien rights to contractors, subcontractors, and material suppliers who furnish labor or materials for the improvement of real property in the Commonwealth of Virginia.
Virginia's mechanic lien system includes a Memorandum for Mechanic's Lien that must be filed within 90 days from the last day of the month in which last performance occurred, but no later than 90 days from the time the building or structure is completed or work otherwise terminated. A critical limitation is the 150-day coverage rule: the mechanic lien will only cover work done up to 150 days before the last date on which labor was performed or materials furnished.
For one or two family residential dwelling units, Virginia requires notice to the designated Mechanic's Lien Agent (if one is appointed and identified on the building permit) within 30 days of first performance or 30 days after the building permit is issued. Virginia also provides personal liability claims against owners and general contractors through the §43-11 notice procedure.
Public works projects over $100,000 require a 100% payment bond under Va. Code §2-2-4337. National Lien & Bond provides authoritative guidance on every aspect of Virginia construction mechanic lien compliance.
Topics on This Page
Virginia Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Virginia construction mechanic lien law.
Notice Requirements
Notice to Mechanic's Lien Agent for residential projects, §43-11 notice for personal liability, and public works bond claim notice procedures
Mechanic Lien Deadlines
Memorandum for Mechanic's Lien filing within 90 days, 150-day coverage limitation, and Notice of Claim for personal liability
Mechanic Lien Enforcement Deadlines
6-month or 60-day suit deadline, public works bond claim suit within 1 year, and VDOT 5-year exception
Frequently Asked Questions
What statute governs mechanic liens in Virginia?
Mechanic liens in Virginia are governed by Va. Code §43-1 et seq. (§43-1 to §43-23.2 for mechanic liens, §43-64 to §43-71 for enforcement). Public works payment bonds are governed by Va. Code §2-2-4337, requiring a 100% bond on contracts over $100,000.
Is a preliminary notice required to file a mechanic lien in Virginia?
For residential projects (1-2 family dwellings) where a Mechanic's Lien Agent is designated on the building permit, notice must be given to the agent within 30 days of first performance or 30 days after permit issuance. No general preliminary notice is required for other project types.
What is the deadline to file a mechanic lien in Virginia?
A Memorandum for Mechanic's Lien must be filed within 90 days from the last day of the month in which last performance occurred, but no later than 90 days from project completion or work termination. The mechanic lien only covers work within 150 days of the last furnishing date. §43-4.
How does Virginia mechanic lien law differ from other states?
Virginia has several unique features: the 150-day coverage limitation (work outside this window invalidates the claim), the Mechanic's Lien Agent notice for residential projects, a separate personal liability claim under §43-11, the dual enforcement deadline (6 months from filing or 60 days after completion), and the VDOT 5-year bond claim exception.
What are the notice requirements for Virginia public works bond claims?
First-tier subcontractors need no preliminary notice. Sub-subcontractors must serve a Notice of Claim to the general contractor within 90 days of last work or delivery. Suit may be filed no sooner than 90 days and no later than 1 year after last work performed.
What is the deadline to file suit to enforce a Virginia mechanic lien?
Under §43-17, suit must be filed before the later of 6 months from the date the mechanic lien was filed or 60 days after project completion. For public works bond claims, suit must be filed between 90 days and 1 year after last work (5 years for VDOT projects).