Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Virginia
Virginia
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Virginia Quick Overview
| Pursuant Code | VA Code Ann. §§ 43-1 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | No | |
| VA Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Conditional, check statutes | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | Notice to Owner, Notice to Lien Agent | |
| Prelien Minimum Information | Name and address of the claimant and lien agent, description of the work or materials, and date work commenced. | |
| Prelien Minimum Notifications | Mechanics Lien Agent listed in the building permit. | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Virginia by Role
Preliminary notice in Virginia is only required for one- or two-family dwellings when a mechanics lien agent is named. Subcontractors and suppliers can also serve optional notices to hold the general contractor or owner personally liable.
Possible Exceptions, Special Circumstances, and Caveats in Virginia
Owner Occupied Residential: Yes; notice requirement only applies on one- or two-family dwellings with a listed mechanics lien agent.
Residential: Yes; applies only to residential dwellings with lien agent named.
Mechanic's Liens in Virginia
In Virginia, a mechanics lien (referred to as a 'memorandum of lien') must be filed within 90 days of the last day of the month in which the claimant last furnished labor or materials, or within 90 days of project completion or termination, whichever is earlier. Only amounts for labor or materials furnished within the 150 days preceding the filing may be claimed. For subcontractors, written notice of the lien claim must be given to both the owner and general contractor. An enforcement action must be filed within 6 months of lien recording or within 60 days of project completion, whichever is later. Va. Code Ann. §§ 43-1 et seq.
Bond Claims in Virginia
For public works in Virginia, a subcontractor or supplier must file suit on the payment bond within one year from the day on which the last labor was performed or material furnished. There is no formal preliminary notice requirement under the bond claim statutes; however, subcontractors not in privity with the prime contractor should consider sending notice to protect their claim. Virginia public contract bond requirements are governed under Va. Code § 2.2-4337.
Construction Lien Waivers in Virginia
Required Format: Virginia does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Virginia does not require waivers to be notarized.
Virginia does not mandate specific lien waiver forms. However, waivers should be clear, unambiguous, and preferably notarized to prevent future disputes.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Virginia counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Virginia
Frequently Asked Questions (FAQs) on Virginia Lien Processes for Contractors
Is a preliminary notice required in Virginia to preserve mechanics lien rights?
Not usually, unless the project is a one- or two-family residential dwelling and the permit names a mechanic's lien agent. In that case, notice must be sent within 30 days of first furnishing labor or materials.
When must a Virginia mechanics lien be recorded?
The lien must be recorded within 90 days of the last day of the month in which the claimant last provided labor or materials, or 90 days from project completion, whichever is earlier.
How long does a contractor have to enforce a lien after filing in Virginia?
A lien must be enforced within 6 months of recording or within 60 days of project completion, whichever is later.
Do subcontractors or suppliers have special notice rules in Virginia?
Yes. They may serve a preliminary notice to potentially impose personal liability on the GC or owner, followed by a formal notice within 30 days of project completion or termination.
Is a notice required for public projects in Virginia to make a bond claim?
No preliminary notice is required by statute, but a suit must be filed on the bond within 1 year from the last day labor was performed or material furnished.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
