VA · Mechanics Lien Law
Virginia Mechanics Lien Law: Deadlines, Notices & Filing Guide
This guide covers Virginia mechanics lien and public bond claim deadlines under Va. Code § 43-4 and Va. Code § 2.2-4341. With a 90-day recording window and a 150-day look-back limit on recoverable amounts, tracking furnishing dates closely throughout the project is essential.
Virginia mechanics lien deadlines at a glance
Virginia subcontractors and suppliers should serve a Notice to Owner within 90 days of first furnishing labor or materials. Doing so converts the lien claim into personal liability of the owner up to whatever remained unpaid at the time notice was given, so skipping it leaves that additional remedy on the table.
A Virginia Memorandum of Lien must be recorded within 90 days after the claimant's last furnishing of labor or materials, under Va. Code § 43-4. Importantly, the lien cannot include amounts for work performed more than 150 days before that last furnishing date, so long-running projects require careful tracking of the recoverable window.
Suit to enforce a Virginia mechanics lien must be filed within 6 months of recording the memorandum, or within 60 days of the building's completion or the work otherwise terminating, whichever date is later.
A Virginia public-project claimant not in direct privity with the prime contractor must give the prime written notice within 90 days from the date the claimant last performed labor or furnished materials. This notice requirement mirrors the private-project notice deadline and should not be overlooked on public jobs.
Primary statute
Va. Code § 43-4 · Va. Code § 2.2-4341
Who can file a mechanics lien in Virginia?
Contractors, subcontractors, sub-subcontractors, material suppliers, and qualifying design professionals who furnish labor, materials, or services in Virginia can claim a mechanics lien.
Overview of Virginia lien practice
Virginia's lien statute combines a straightforward 90-day recording deadline with a less obvious limitation: the lien can only reach amounts for work performed within 150 days before the last furnishing date, so contractors on extended projects need to watch that look-back window as closely as the recording deadline itself. The Memorandum of Lien must be filed with the clerk of the circuit court in the county or city where the property sits, and a copy must be served on the owner, making correct venue and accurate owner identification essential from the outset. Subcontractors and suppliers who serve a Notice to Owner within 90 days of first furnishing gain an added remedy, since it can create personal liability for the owner up to the unpaid balance at the time of notice. Enforcement timing then adds a second layer of complexity, since suit must be filed within the later of six months from recording or 60 days from project completion. As always, federal property is not lienable under Virginia's statute, and claimants should confirm the correct venue before filing.
Common pitfalls on Virginia projects
Ignoring the 150-day look-back rule
A Virginia lien cannot include amounts for labor or materials furnished more than 150 days before the last day of furnishing.
Skipping the Notice to Owner
Serving a Notice to Owner within 90 days of first furnishing is strongly recommended, since it can create personal owner liability separate from the lien itself.
Filing in the wrong venue
The Memorandum of Lien must be filed with the clerk of the circuit court in the county or city where the property is located, with a copy served on the owner.
Missing the later-of enforcement deadline
Suit must be brought within the later of six months from recording or 60 days from project completion, and using the wrong trigger date can be fatal to the claim.
Virginia mechanics lien FAQs
When must a mechanics lien be recorded in Virginia?
The Memorandum of Lien must be filed within 90 days of last furnishing, and it cannot include amounts for work performed more than 150 days before that last furnishing date.
Is preliminary notice required in Virginia?
Subcontractors and suppliers should serve a Notice to Owner within 90 days of first furnishing to convert lien rights into personal owner liability for amounts unpaid at that time.
How long do I have to enforce a lien in Virginia?
Suit must be brought within 6 months of recording the memorandum, or within 60 days of project completion or termination, whichever is later.
What about Virginia public projects?
A claimant without privity with the prime contractor must give written notice within 90 days from its last furnishing of labor or materials.
Filing a Virginia mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.