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.

Project type

Choose your role to see which dates you need.

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?
The Virginia lien must be recorded within 90 days after the end of the month of last furnishing labor or materials (or termination of the contract, whichever is later). The same deadline applies to every claimant.
Do I need to send a preliminary notice in Virginia?
No. Virginia does not require a preliminary notice to preserve lien rights, although sending one is still an effective way to get paid before a lien becomes necessary.
Does a Virginia mechanics lien need to be notarized?
Yes. The lien must be notarized before it is recorded. The lien claim must be sworn to under oath.
Where is a mechanics lien filed in Virginia?
With the circuit court clerk for the county. Whether electronic recording is accepted varies by county, so check with the recording office and allow time for mailing and processing when working back from your deadline.
How long is a Virginia mechanics lien valid?
A Virginia lien must be enforced through a foreclosure lawsuit within 6 months after the lien is recorded. If no suit is filed by then, the lien expires and can no longer be used to force payment.
Can a subcontractor file a mechanics lien in Virginia?
Yes. Subcontractors have lien rights in Virginia, and so do sub-subcontractors.

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.