Virginia Lien Laws

In the state of Virginia, contractors and materials suppliers should be well aware of all existing lien laws applicable in the state. These lien laws in Virginia protect the rights of service and materials providers to collect payment owed from owners in the event of non-payment. Ensuring your legal right to enforce action on claims on liens requires strict adherence to the lien laws protocol in the state of Virginia, which is noted below.

Primary Contractors in Virginia

Primary contractors in the state of Virginia are not legally bound to providing preliminary notice in order to preserve their right to lien. In order to make a claim on lien, a memorandum of the lien has to be filed and then served to the project owner no more than ninety (90) days after the end of the last month of providing to project, or ninety (90) days after project completed or terminated. Only materials and labor from the last one hundred and fifty (150) days before last day of service are to be included in the lien, which if lien includes materials from before these dates, will invalidate lien claims. Actions to enforce lien claim rights through suit requires the process start no later than six (6) months after memorandum of lien filing date, or not later than sixty (60) days after project completed.

Sub Contractors in Virginia

Sub contractors in the state of Virginia are legally required to provide notice to owner of intent to claim lien no later than ninety (90) days prior to actual filing of lien. Notice must go to both prime contractor and owner. In the process of making claims on liens, sub contractors follow the same process as prime contractors, including:

  • File memorandum of lien and serve to owner within ninety (90) days of completing project or within ninety (90) days of last month of service on project
  • File lien claims for nothing more than materials and supplies providing in the one hundred and fifty (150) days directly before last day of service
  • Suit to enforce claim on lien must begin within six (6) months of filing original lien, or if project is finished, no later than sixty (60) days after this date

Materials Suppliers in Virginia

Regarding the preliminary notice requirements, materials suppliers are required to give owner notice of intent to file lien no less than ninety (90) days before actually filing lien. Notice also must be given to prime contractor, as well. If notice is given accurately, the entire claims and enforcement process adheres to the same schedule as those encountered by sub and primary contractors.

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