Virginia Mechanics Lien
Deadlines & Filing Rules
Every notice, deadline, and recording requirement for a Virginia construction lien, drawn from Va. Code §§ 43-4, 43-5, 43-17 and the same rule engine that calculates deadlines for our filing customers.
Virginia lien rules at a glance
- Preliminary notice
- Not required to preserve lien rights
- Lien filing deadline
- within 90 days after the end of the month of last furnishing labor or materials (or termination of the contract, whichever is later)
- Notarization
- Required
- The lien claim must be sworn to under oath
- Where to record
- Circuit court clerk for the county
- E-recording
- Varies by county
- Ask the recording office whether it accepts electronic recording before you rely on it.
- Enforcement deadline
- Within 6 months after the lien is recorded
Who can file a mechanics lien in Virginia
Lien rights depend on where you sit in the contracting chain. Tenant-ordered work can reach the owner's interest in Virginia only where the owner consented to or required the improvements.
| Claimant | Lien rights in Virginia |
|---|---|
| General contractor (direct contract with the owner) | Yes |
| Subcontractor (hired by the general contractor) | Yes |
| Sub-subcontractor (hired by a subcontractor) | Yes |
| Material supplier to the owner | Yes |
| Material supplier to the general contractor | Yes |
| Material supplier to a subcontractor | Yes |
Virginia mechanics lien deadlines
Not required to preserve lien rights.
Calculate your Virginia deadlines
Enter your role and project dates to turn the rules below into calendar dates. For other states, use the mechanics lien deadline calculator.
Choose your role to see which dates you need.
Your deadlines
| Document | Who | Deadline |
|---|---|---|
| Passed |
liens are filed through the courts by an attorney. Get matched with a lien attorney.
We can prepare and record the lien for you before the deadline. Start your lien.
These dates come from the same rules our lien filing service uses. They are not moved for weekends or holidays. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.
Mechanics lien filing deadline
The last day the lien can be recorded against the property.
| Who | Project type | Deadline |
|---|---|---|
| All claimants | All projects | Within 90 days after the end of the month of last furnishing labor or materials (or termination of the contract, whichever is later) |
Virginia does not require a notice of intent before recording a lien, but sending one is often what gets the invoice paid.
Recording and enforcing a Virginia lien
Recording the lien
Record with the circuit court clerk for the county. Whether electronic recording is accepted varies by county, so confirm with the recording office and build mailing time into the deadline. The lien must be notarized. The lien claim must be sworn to under oath.
After recording
A copy of the recorded lien must be served on the property owner promptly after recording. To keep the lien alive it must be enforced by lawsuit within 6 months after the lien is recorded.
Wrongful lien exposure
A claimant who, with intent to mislead, includes work not performed or materials not furnished forfeits the lien entirely (§ 43-23.1). Any interested party may petition for a hearing, and an invalid lien is ordered released (§ 43-17.1). No money penalty in ch. 1 for the lien claimant.
Practitioner notes for Virginia
Virginia's mechanics lien law is in Title 43, Chapter 1 of the Code of Virginia. A memorandum of lien may be filed any time after work starts. It is due by the earlier of two dates: 90 days after the last day of the month in which you last performed labor or furnished materials, and 90 days after the building is completed or the work otherwise ends (Va. Code § 43-4). File it in the clerk's office of the circuit court for the county or city where the property sits. It must be verified by oath. The memorandum cannot include amounts for work done more than 150 days before your last day on the job. The exceptions are retainage up to 10 percent of the contract price and sums not yet due because the party who hired you has not been paid. A general contractor files a certification that it mailed a copy to the owner. A subcontractor must also give the owner written notice of its claim, and its lien cannot exceed what the owner owes the general contractor (§ 43-7). On one- and two-family homes, if the building permit names a mechanics' lien agent, notify that agent within 30 days after you first furnish labor or materials. Late notice limits the lien to work done after the notice (§ 43-4.01). Suit to enforce must be filed within six months after recording or 60 days after completion, whichever is later (§ 43-17). Knowingly padding a memorandum with work not done forfeits the whole lien (§ 43-23.1). Confirm with counsel before relying on a single filing date.
These notes summarize the statute as we read it.
Statutory sources: Va. Code §§ 43-4, 43-5, 43-17. Read the Virginia lien statute. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.
File your Virginia mechanics lien
We calculate the Virginia deadlines from your project dates, prepare the lien on the correct form, and handle recording. Self-serve from $99, or full service with recording and notices handled for you from $299.
Virginia mechanics lien FAQ
How long do I have to file a mechanics lien in Virginia?
Do I need to send a preliminary notice in Virginia?
Does a Virginia mechanics lien need to be notarized?
Where is a mechanics lien filed in Virginia?
How long is a Virginia mechanics lien valid?
Can a subcontractor file a mechanics lien in Virginia?
More Virginia lien tools
This page summarizes Virginia lien law for general information and is not legal advice. Deadlines depend on your role, project type, and dates; confirm them against the statute or with counsel before relying on them.