What Is a Virginia Mechanic's Lien?

What a mechanic's lien actually is

A Virginia mechanic's lien is a recorded encumbrance against real property used to secure payment for labor or materials furnished to improve that property. It is the construction industry's collection mechanism, available to general contractors, subcontractors, suppliers, design professionals, and laborers under Va. Code § 43-1 et seq.

Once properly recorded and enforced, a mechanic's lien can force a sale of the property to satisfy the unpaid bill — even if the property owner already paid the general contractor.

The 90-day window — and how it is measured

The most important deadline in Virginia mechanic's lien law is the 90-day recording window. A Memorandum of Mechanic's Lien must be recorded in the Circuit Court Clerk's office for the county or city where the property is located within 90 days from the last day of the month in which the claimant last performed labor or furnished materials, and not later than 90 days from the time the building or structure is completed or work otherwise terminated.

The "last day of the month" measurement is unusual and easy to miscalculate. A claimant who worked on July 5 has until 90 days from July 31, not 90 days from July 5. PLDR counts deadlines from the statute, not from memory.

Notice requirements are different for subcontractors

General contractors record a memorandum signed by the claimant; the document must conform to the statutory form and include the property description, the owner, and the amount claimed.

Subcontractors and suppliers face an additional notice requirement under Va. Code § 43-7 and § 43-11. A subcontractor's lien is limited to the amount the owner owes the general contractor at the time the lien is perfected, unless the subcontractor gives the owner written notice in the statutory form before that amount is paid out. Missing the notice can dramatically reduce — or eliminate — the recoverable lien amount.

The enforcement suit deadline

Recording the lien is only the first step. A suit to enforce the lien must be filed in Circuit Court within 6 months from the date of recording, or within 60 days from the time the building or structure was completed or work otherwise terminated, whichever is later. If no enforcement suit is filed within the statutory window, the lien is lost.

The enforcement suit asks the court to sell the property and apply the proceeds to the lien — a real remedy with real leverage. Often the threat of the suit is enough to drive payment without trial.

Bond-off, release, and defenses

Property owners and general contractors are not without tools. A lien can be bonded off by depositing a bond equal to the amount claimed plus court-determined interest and costs (Va. Code § 43-71). This releases the property from the lien while preserving the claim against the bond.

Common challenges to a lien include defective notice, late recording, overstatement of the amount, work that did not improve the property, and improper claimants (such as suppliers of suppliers, who generally cannot claim a Virginia mechanic's lien).

What PLDR does on lien matters

PLDR's construction practice handles mechanic's liens on both sides — perfecting and enforcing liens for contractors, suppliers, and subcontractors, and defending or bonding off liens for owners, developers, and lenders. Andrew Pearson leads the construction practice; Scott Kowalski handles construction litigation and lien enforcement.

If a deadline is close, the right move is usually to record first and refine later. PLDR can take the file the same day when timing demands it.

This page provides general information about Virginia mechanic's liens. It is not legal advice and does not create an attorney-client relationship. Statutory deadlines and procedural rules update periodically; verify current values with counsel before relying on any specific date or amount.