How do I file a mechanic's lien in Virginia?

Virginia's mechanic's lien statute is in Va. Code Title 43 (§§ 43-1 to 43-23.2).

1. Who Can File

General contractors, subcontractors, lower-tier subs, materialmen, architects, professional engineers, land surveyors, and lessors of equipment for improvements (Va. Code § 43-3).

2. Preliminary / Pre-Lien Notice

No general preliminary notice. However, lower-tier subs must, before filing a memorandum, give notice to the owner identifying themselves; in residential single-family projects, the GC must give the owner a "Mechanic's Lien Agent" disclosure under Va. Code § 43-4.01.

3. Recording the Lien

File a verified Memorandum of Mechanic's Lien with the clerk of the circuit court of the county or city where the property lies, no later than 90 days from the last day of the month in which the claimant last furnished labor or material, and not more than 90 days from the date of last work (Va. Code § 43-4). The memorandum must include claimant, owner, type of work, contract date, amount, and description.

4. Service on Owner

Serve a copy of the memorandum on the owner within 7 days after recording (Va. Code § 43-4.01(D)) for residential projects with a Mechanic's Lien Agent; serve all owners and parties in interest for foreclosure.

5. Suit to Foreclose

Commence enforcement suit within 6 months of recording the memorandum or 60 days from the completion of the building (whichever is later) (Va. Code § 43-17).

6. Priority

Liens attach as of the commencement of the entire work and take priority over deeds of trust recorded after that date (Va. Code § 43-21).

7. Bond Release

A lien may be released by recording a bond conditioned to pay the lien plus interest and costs, in an amount approved by the court (typically 1.25-1.5x) under Va. Code § 43-71.

8. Homestead / Residential

For residential 1-family dwellings, the owner may designate a Mechanic's Lien Agent on the building permit; lower-tier subs must notify the Agent within 30 days of first furnishing to preserve lien rights (Va. Code § 43-4.01).

9. Fraudulent Lien Penalties

Va. Code § 43-23.2 makes filing a memorandum with knowledge of falsity a Class 5 felony; civilly, an exaggerated lien is invalid as to the excess and the claimant may be liable for damages and attorney's fees.

This is legal information, not legal advice.