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2. Do I need to send a Virginia Preliminary Notice before filing a lien?
Virginia does NOT require a preliminary notice (such as a Notice to Owner or Notice of Furnishing) before filing a mechanics lien. However, Virginia does require post-filing service of the lien, which is mandatory and deadline-driven.
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3. Who can file a construction lien in Virginia?
Mechanics lien rights in Virginia are available to general contractors, subcontractors, sub-subcontractors, material suppliers, laborers, and design professionals who provide labor, materials, or services that improve private real property. These lien rights do not apply to public projects, which are governed by separate bond statutes.
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4. What happens if I miss the Virginia construction lien deadline?
If you miss a Virginia mechanics lien deadline, you permanently lose your right to file or enforce a lien for that work. Virginia lien statutes are strictly enforced, and courts do not allow extensions, grace periods, or equitable exceptions. Even if the owner admits the debt or knew you were unpaid, missing the deadline is fatal to the lien.
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5. Where do I record a Virginia construction lien?
You must record the Virginia Memorandum of Lien within 90 days of last work or project completion/termination, whichever is later.
Most Virginia jurisdictions accept lien filings by:
In-person delivery
Mailing the original, notarized Memorandum of Lien
E-Recording, if available.
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6. How long do I have to enforce a Virginia lien?
You must record the Virginia Memorandum of Lien within 90 days of last work or project completion/termination, whichever is later.
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7. What information must be included in a Virginia construction lien form?
A valid Virginia Memorandum of Lien must include:
Claimant’s legal name and address
Property owner’s name
Name of the party who hired the claimant
Legal description of the property
Statement of the work performed or materials furnished
Amount claimed as due and unpaid
Dates when the claimant last performed work or furnished materials
Required statutory language and verification
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8. Is there a dollar limit to filing a Virginia construction lien?
Virginia law does not impose a minimum or maximum dollar amount for a mechanics lien. However, the lien amount must be accurate and supported by the contract and work performed. Knowingly overstating a lien claim can result in partial or complete invalidation of the lien and potential liability.
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9. Can more than one contractor file a Virginia construction lien against the same property?
Yes. Virginia law allows multiple unpaid contractors, subcontractors, and suppliers to file separate mechanics liens against the same property, so long as each claimant independently meets all statutory requirements. Each lien is evaluated on its own merits, deadlines, and amount claimed.
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10. What should I do after the customer pays a Virginia construction lien?
If the customer pays you the full amount owed after you have recorded a lien, you have a legal obligation to formally clear the lien from the property records.
You must prepare and file a Virginia Discharge of Lien (or Release of Lien) with the same office where the original lien was recorded.