Virginia Construction Lien Guide
Virginia mechanics liens are governed by the Virginia’s Mechanics’ Lien statutes - Virginia Code §§ 43-1 through 43-23.2.
Virginia mechanics liens provide powerful protection for contractors and suppliers who improve real property but are not paid. These rights are purely statutory and exist only if the lien claimant strictly follows Virginia’s notice, filing, service, and enforcement requirements. Virginia courts construe lien statutes narrowly, and even small procedural mistakes can invalidate a lien.
In Virginia, the terms mechanics lien and construction lien are commonly used to describe the same lien right. However, Virginia law formally refers to the lien as a mechanics’ lien, which is perfected by recording a Memorandum of Lien. The term claim of lien is often used informally, but the correct statutory filing in Virginia is the Memorandum of Lien.
LET’S LEARN THE BASICS OF VIRGINIA CONSTRUCTION LIEN
⭐ Who Can File a Mechanics Lien in Virginia?
Virginia grants mechanics lien rights to general contractors, subcontractors, sub-subcontractors, material suppliers, laborers, and design professionals (including architects and engineers) who furnish labor, materials, or services that improve private real property. Lien rights apply to private projects only; public projects are protected through payment bond claims under Virginia’s Little Miller Act.
⭐ Virginia Lien Deadlines (Critical)
LIEN IT OR LOSE IT!
All Virginia mechanics lien deadlines are calculated from the claimant’s last day of performing labor or furnishing materials to the project, or from completion or termination of the project, depending on the step involved. These dates are critical because they determine when the Memorandum of Lien must be filed, when it must be served, and when enforcement must begin.
Virginia courts apply these deadlines strictly and without exceptions. Missing a filing or service deadline, even by a single day, results in a complete loss of lien rights, regardless of whether the debt is undisputed.
Deadline #1 — File the Virginia Memorandum of Lien
In Virginia, a mechanics lien is perfected by recording a Memorandum of Lien. The memorandum must be recorded:
Within 90 days from the claimant’s last day of performing labor or furnishing materials, or
Within 90 days from completion or termination of the project,
whichever is later
Be sure your Virginia mechanics lien includes the following:
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
Deadline #2 — Record the Virginia Memorandum of Lien
The Memorandum of Lien must be recorded with the Clerk of the Circuit Court in the county or city where the property is located, within the applicable 90-day deadline.
You can record a Virginia mechanics lien:
In-Person
Via Mail
Electronically, if applicable.
Deadline #3 — Serve the Memorandum of Lien (Mandatory)
After recording, the lien claimant must serve a copy of the Virginia Memorandum of Lien on the property owner (or the owner’s agent).
Service deadline: Within 30 days after the Memorandum of Lien is recorded
Approved methods of service:
Sheriff or other lawful officer, or
Certified mail, return receipt requested
Failure to properly serve the Memorandum of Lien within 30 days voids the lien, even if the lien was timely recorded.
Deadline #4 — Enforce the Virginia Mechanics Lien
To enforce a Virginia mechanics lien, the claimant must file a foreclosure lawsuit:
Within 6 months after the Memorandum of Lien is recorded, or
Within 60 days after completion or termination of the project,
whichever period is later
If enforcement is not commenced within this timeframe, the lien automatically expires and becomes unenforceable.