Notice to Mechanic's Lien Agent — Residential Projects (§43-4.01)
For one or two family residential dwelling units, Virginia requires notice to the designated Mechanic's Lien Agent when one is appointed and identified on the building permit. Both contractors and subcontractors must check with the permitting authority to determine if a building permit has been issued and if an agent has been named.
If the building permit was issued prior to work: Notice must be given to the agent within 30 days of first performance. If work is first performed prior to the issuance of a building permit: Notice must be given within 30 days after the building permit is issued. Notice must be by certified mail or personal delivery. §43-4.01.
Contractors — No General Preliminary Notice Required
Other than the Mechanic's Lien Agent notice for residential projects (when an agent is designated), contractors are not required to serve any general preliminary notice as a prerequisite to filing a Memorandum for Mechanic's Lien. Contractors may proceed directly to filing the mechanic lien within the statutory deadline.
Subcontractors — §43-11 Notice for Personal Liability
Virginia provides subcontractors and material suppliers with a personal liability claim against the property owner and general contractor separate from the mechanic's lien. To preserve this right, the subcontractor must serve a notice of work to be done before beginning work or a notice effective for materials supplied.
After final performance, the subcontractor must serve a Notice of Claim for unpaid sums to the owner and general contractor within 30 days of project completion. The notice and return of service must be filed. This claim allows the subcontractor to hold the owner personally liable for unpaid amounts, in addition to any mechanic's lien rights. §43-11.
Public Works — No Preliminary Notice Required
On Virginia public works projects requiring a 100% payment bond (contracts over $100,000 under Va. Code §2-2-4337), subcontractors and material suppliers are not required to serve any preliminary notice as a prerequisite to making a bond claim.
However, sub-subcontractors (those in privity with a subcontractor but not with the contractor) must serve a Notice of Claim to the general contractor within 90 days from the last day of work or delivery of materials. This ensures the general contractor is aware of claims from lower-tier parties.
Frequently Asked Questions
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 §43-11 notice in Virginia?
Under §43-11, subcontractors can establish personal liability of the owner and general contractor by: (1) serving notice of work to be done before beginning, and (2) serving a Notice of Claim for unpaid sums within 30 days of project completion. This is separate from mechanic's lien rights.
What is a Mechanic's Lien Agent in Virginia?
A Mechanic's Lien Agent is a person or entity designated by the property owner and identified on the building permit for residential projects (1-2 family dwellings). Mechanic Lien claimants must check with the permitting authority to determine if an agent has been named and must serve notice on the agent within 30 days.
Do sub-subcontractors need to serve notice on Virginia public works?
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 on public works projects.
How must notice be delivered in Virginia?
Notice to the Mechanic's Lien Agent must be by certified mail or personal delivery. For the §43-11 personal liability notice, the notice and return of service must be filed with the appropriate court.
Related Virginia Resources
Explore other critical compliance areas for Virginia construction mechanic lien law.
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
Virginia Overview
Return to the main Virginia construction mechanic lien law page