Private Works — 6 Months or 60 Days After Completion (§43-17)
Under Virginia law, suit to enforce a Mechanic's Lien must be filed before the later of: (1) 6 months from the date the mechanic lien was filed, or (2) 60 days after project completion. §43-17. The same deadline applies to the §43-11 personal liability claim.
This dual deadline provides some flexibility. If the project is completed within 6 months of the mechanic lien filing, the 60-day post-completion window may provide additional time. If the project takes longer than 6 months to complete after the mechanic lien is filed, the 60-day window from completion becomes the controlling deadline.
Public Works — Bond Claim Suit Deadline (Va. Code §2-2-4337)
On Virginia public works projects requiring a 100% payment bond (contracts over $100,000), subcontractors and material suppliers may file suit on the bond no sooner than 90 days and no later than 1 year after the last work was performed or materials delivered.
No preliminary notice is required for first-tier subcontractors. Sub-subcontractors in privity with a subcontractor (but not the general contractor) must serve a Notice of Claim to the general contractor within 90 days from the last day of work or delivery of materials.
VDOT Exception — 5-Year Deadline
A special exception exists for work performed for the Virginia Department of Transportation (VDOT). Claimants on VDOT projects may file suit on the payment bond within 5 years of project completion, rather than the standard 1-year deadline. This significantly extended deadline applies only to VDOT highway and transportation projects.
No Mechanic Lien on Public Property
As with all states, Virginia does not permit the filing of Mechanic's Liens on public property. Subcontractors and material suppliers working on public works projects must rely on the payment bond required under Va. Code §2-2-4337 as their remedy for non-payment.
Claimants on public works projects should ensure they comply with all notice and suit deadlines. National Lien & Bond assists claimants in navigating Virginia's private and public works mechanic lien and bond claim procedures.
Frequently Asked Questions
What is the deadline to file a mechanic lien enforcement suit in Virginia?
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. This dual deadline provides flexibility depending on when the project is completed relative to the mechanic lien filing.
What is the deadline to file a payment bond claim suit on a Virginia public project?
Under Va. Code §2-2-4337, suit may be filed no sooner than 90 days and no later than 1 year after the last work performed or materials delivered. For VDOT projects, the deadline is extended to 5 years from project completion.
What is the VDOT exception for Virginia public works bond claims?
Claimants on Virginia Department of Transportation (VDOT) projects have up to 5 years from project completion to file suit on the payment bond, instead of the standard 1-year deadline. This applies only to VDOT highway and transportation projects.
Do sub-subcontractors need special notice for Virginia bond claims?
Yes. Sub-subcontractors (in privity with a subcontractor but not the general contractor) must serve a Notice of Claim to the general contractor within 90 days from the last day of work or delivery of materials before filing suit on the public works payment bond.
What is the minimum payment bond on Virginia public works projects?
Virginia requires a 100% payment bond on public works contracts over $100,000 under Va. Code §2-2-4337. This bond provides full coverage for unpaid subcontractors and material suppliers.
Related Virginia Resources
Explore other 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
Virginia Overview
Return to the main Virginia construction mechanic lien law page