Virginia Mechanic Lien Filing Deadlines

Memorandum for Mechanic's Lien — 90-Day Filing Deadline (§43-4)

Under Virginia law, all claimants — contractors, subcontractors, and material suppliers — must file a Memorandum for Mechanic's Lien within 90 days from the last day of the month in which last performance of labor or furnishing of material occurred, but in no event later than 90 days from the time the building or structure is completed or work otherwise terminated. §43-4.

The dual deadline means the filing must occur within the earlier of these two 90-day periods. If the project is completed before the claimant's last-day-of-month deadline, the completion date controls.

150-Day Coverage Limitation

A critical and unique feature of Virginia mechanic lien law 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. Any work or materials provided more than 150 days before the last furnishing date cannot be included in the mechanic lien claim.

Claimants should not claim materials or labor outside the 150-day period, as doing so will invalidate the entire claim. This was established in Johnson v. Tadlock (circuit court case in Fairfax, Virginia). Accurate record-keeping of furnishing dates is essential to compliance with this rule.

Personal Liability — Notice of Claim Filing

For the §43-11 personal liability claim (separate from the mechanic's lien), subcontractors must file a Notice of Claim for unpaid sums to the owner and general contractor after final performance and within 30 days of project completion. The notice and return of service must be filed with the court.

This remedy allows subcontractors and material suppliers to hold the owner personally liable even if the mechanic's lien is defective or unenforceable, provided the proper §43-11 notices were served.

Filing Location and Requirements

The Memorandum for Mechanic's Lien must be filed in the clerk's office of the circuit court in the city or county where the property or some part of it is located. The memorandum must include: the amount of the claim, a description of the property, the name of the property owner, and a description of the work performed or materials furnished.