State Information | Virginia | National Lien Services

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.

Prime/ Original / General Contractors (GCs): Prime contractors should ensure lien-agent details are accurate on covered residential projects.

Subcontractors/Trade Partners (Subs): Subs should send lien-agent notice when required and consider optional personal-liability notices.

Second-tier Subcontractors: Second-tier parties should preserve timing evidence for required and optional notices.

Lower-tier Subcontractors: Lower-tier claimants should verify lien-agent assignment and project type early.

Material Suppliers: Suppliers should track first furnishing dates and serve timely notices when applicable.

Equipment Lessors: Lessors should maintain detailed records to support downstream notice and lien rights.

Second-tier Material Suppliers: Second-tier suppliers should treat lien-agent notice as a high-priority compliance item.

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 online lien-related information for construction project parcels—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.

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.

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Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Virginia