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
- Not generally available; plan on paper recording
- 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.
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. Electronic recording is not generally available, so 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
Virginia has no dedicated wrongful-lien penalty statute, but an inflated or baseless lien can still be challenged and removed at the claimant's expense.
Practitioner notes for Virginia
Lien filing (memorandum): record in circuit court clerk’s office. Deadline is the later of (i) 90 days from the last day of the month of last furnishing, or (ii) 90 days from completion/termination of the building/contract; BUT never later than 150 days from last furnishing (Va. Code §43-4). This sheet models later_of using lien_anchor_logic=later_of with alt=contract_terminated_date; enforce the 150-day cap in app logic. Service: memorandum must be served on the owner or owner’s agent (Va. Code §§43-4, 43-5). Enforcement: suit must be brought within 6 months after memorandum recorded OR within 60 days after completion/termination, whichever is later (Va. Code §43-17).
Statutory sources: Va. Code §§ 43-4, 43-5, 43-17. Read the Virginia lien statute.
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.