Virginia Memorandum of Mechanic's Lien — Va. Code § 43-4 / § 43-4.01 / § 43-17 Filing Guide (2026)
✓ Verified against Virginia statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Virginia mechanics lien deadlines at a glance
Preliminary Notice
None — N/A
Mechanics Lien
90 days — From last date of furnishing
Enforcement
6 months — From filing
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What Is the Virginia Mechanic's Lien Framework and How Does the Lien Workflow Operate?
Virginia's mechanic's lien framework is Title 43 of the Code of Virginia. For a general contractor the workflow is: (1) file the memorandum of lien in the clerk's office of the circuit court of the county or independent city where the property lies, no later than 90 days from the last day of the month of last work and never later than 90 days from completion or termination (§ 43-4); (2) include only sums within the 150-day lookback; (3) mail a copy to the owner and certify the mailing; and (4) commence the enforcement suit within the § 43-17 deadline. A subcontractor or supplier adds two steps: on a one- or two-family residence, give § 43-4.01 notice to any mechanic's lien agent within 30 days of first furnishing; and give the § 43-7 / § 43-9 notice of the amount and character of the claim to the owner (and, for lower tiers, the general contractor), with the option of the § 43-11 personal-liability notice to reach funds owed up the chain. Virginia is distinctive in three respects: the 150-day lookback rule (even a timely memorandum can only secure labor and materials within the last 150 days), the mechanic's lien agent system (a silent 30-day clock on residential work), and the two-prong 90-day deadline measured from the last day of the month of last work and filed with the circuit court clerk.
Who Must File — and Who Must Give Notice
Every tier on a Virginia project can perfect a lien by filing a memorandum, but the notice obligations fall differently. A general (prime) contractor in direct contract with the owner files the § 43-4 memorandum within the 90-day window and mails a copy to the owner; it does not have to give a mechanic's lien agent notice under § 43-4.01, and its lien is not capped by amounts owed up a chain. A claimant without a direct contract with the owner — a subcontractor or supplier — must, on a one- or two-family residence, give § 43-4.01 notice to any mechanic's lien agent within 30 days of first furnishing, and must give the § 43-7 (subcontractor) or § 43-9 (lower-tier) notice of the amount and character of its claim (the § 43-9 notice goes to both the owner and the general contractor). Its lien is capped by funds owed up the chain, and to fix personal liability for those funds it can serve the § 43-11 notice.
The 150-Day Lookback Rule & the Mechanic's Lien Agent — Virginia's Threshold Traps
Two Virginia features catch out-of-state claimants. First, the 150-day lookback rule in § 43-4: a memorandum may not include sums for labor or materials furnished more than 150 days before the last day of work preceding the filing. This is a cap on the amount of the lien, not a second filing deadline — on a long, slow-paying project a claimant who waits to file can keep its 90-day deadline alive while silently losing the right to lien for the oldest invoices. The defense is to file periodic memoranda. Second, the mechanic's lien agent (MLA) under § 43-4.01: on a one- or two-family residential dwelling the building permit may designate an MLA, and once it does a subcontractor or supplier must give the MLA written notice within 30 days of first furnishing (or within 30 days of permit issuance). The trap is silent — nothing tells the claimant an MLA was named; it must check the posted building permit. Missing the 30-day notice does not destroy the lien outright but limits it to work performed on or after the date notice is finally given. The general contractor in direct contract with the owner is excused from the MLA notice.
§ 43-4 Filing, the 90-Day Deadline, and the § 43-17 Six-Month Enforcement Window
The memorandum of lien is filed in the clerk's office of the circuit court of the county or independent city where the property lies. The § 43-4 deadline has two prongs: 90 days from the last day of the month in which the claimant last performed labor or furnished materials, but in no event later than 90 days from completion of the structure or termination of the work. The claimant must also mail a copy of the memorandum to the owner at the owner's last known address and certify that mailing. Once recorded, the lien must be enforced by suit: under § 43-17 no suit to enforce may be brought after the later of 6 months from recording the memorandum or 60 days from completion — because of the 'whichever shall last occur' language, the 6-month-from-recording date almost always controls. A claimant who lets the 6-month clock run loses the lien. The memorandum must contain the § 43-4 required contents (names and addresses of owner and claimant, amount and consideration, time due, date interest claimed, a property description, the contractor license number and class, and the owner-mailing certification). The 90-day window runs from the last day of the month the claimant last worked — not the invoice date, a punch-list visit, or overall project completion.
The Up-the-Chain Cap, the § 43-11 Notice, and Lien Waivers
Virginia subcontractor and supplier liens are derivative. Under § 43-7, a subcontractor's lien cannot exceed the amount the owner owes the general contractor when the subcontractor's notice is given (or thereafter becomes owed). Under § 43-9, a lower-tier claimant is doubly capped: its lien cannot exceed what the subcontractor through whom it claims could itself claim. If the owner already paid the general contractor in full before notice, the lien fund can be zero. To reach those funds and fix personal liability, a subcontractor or supplier uses the § 43-11 procedure: a preliminary written notice to the owner or general contractor stating the nature and probable amount of the claim, followed by a verified second notice of a correct account before 30 days from completion. Properly given, the § 43-11 notice makes the owner or general contractor personally liable up to the amount then owed up the chain. On the waiver side, § 43-3(C) makes any contract provision that waives or diminishes the lien rights of a general contractor, subcontractor, lower-tier subcontractor, or material supplier null and void if signed before labor, services, or materials are provided — only advance waivers are void; ordinary conditional and unconditional progress-payment waivers remain valid.
Filing Fees and Where to File
The Virginia memorandum of mechanic's lien is recorded with the clerk of the circuit court of the county or independent city where the property is located — one of Virginia's 95 counties or 38 independent cities. Because Virginia's independent cities are not part of any county, a property in the City of Norfolk records in Norfolk's circuit court clerk's office, not in a surrounding county. Recording fees are generally a modest per-document clerk's fee (commonly $25–$50 plus state recording technology fees), and mailing the required owner's copy by certified mail typically runs under $15 per party. Serving the § 43-7 / § 43-9 notices and the § 43-11 personal-liability notices adds certified-mail or service costs, and commencing the § 43-17 enforcement suit adds a civil filing fee (commonly $100–$300) plus service costs. Total perfection-and-enforcement filing costs typically run $250–$600 before attorney fees. Confirming the correct circuit court clerk, that any subcontractor or supplier gave the 30-day mechanic's lien agent notice on residential work, that the memorandum includes only sums within the 150-day lookback and was filed within 90 days with a copy mailed to the owner, that the up-the-chain fund supports the claim, and that the § 43-17 deadline is calendared is the most important intake step.
Frequently Asked Questions
What is the deadline to file a Virginia memorandum of mechanic's lien under Va. Code § 43-4?
Under Va. Code § 43-4, a general contractor must file its memorandum no later than 90 days from the last day of the month in which it last performed labor or furnished materials, and in no event later than 90 days from completion or termination of the work. You count 90 days from the last day of the calendar month of your last work, but that window can never push past 90 days from overall completion. The memorandum is filed in the clerk's office of the circuit court of the county or independent city where the property is located, and the claimant must also mail a copy to the owner at the owner's last known address and certify that mailing. A subcontractor or supplier is subject to the same 90-day window plus the § 43-7 / § 43-9 derivative and notice limits.
What is the Virginia 150-day rule for mechanic's liens?
The 150-day rule in Va. Code § 43-4 is a cap on how far back the dollar amount of a Virginia mechanic's lien can reach. A memorandum may not include any sums for labor or materials furnished more than 150 days before the last day of work preceding the filing. It is a lookback limit on recoverable amounts, not a second filing deadline — the 90-day rule governs WHEN you must file, the 150-day rule governs HOW MUCH the lien can secure. On a long-running project, a claimant can lose the right to lien for the oldest invoices even though the project is still active, because only the last 150 days of unpaid work can be included. The defense is to file memoranda periodically rather than waiting until the end.
What is a Virginia mechanic's lien agent and the 30-day notice under § 43-4.01?
On a one- or two-family residential dwelling, the building permit may designate a 'mechanic's lien agent' (MLA) under Va. Code § 43-4.01. When an MLA is named, a claimant other than the general contractor — a subcontractor or supplier — must give written notice to the MLA within 30 days of first furnishing labor or materials (or within 30 days of permit issuance). Failure to give the MLA notice is NOT an absolute bar: the claimant may still claim a lien, but the lien is limited to labor and materials furnished on or after the date the notice is finally given — a late notice truncates the lien rather than destroying it. A claimant learns whether an MLA was designated by checking the building permit, which must be posted on the property. The general contractor in direct contract with the owner does not have to give MLA notice.
How long does a Virginia mechanic's lien last and when must suit be filed?
Under Va. Code § 43-17, no suit to enforce a Virginia mechanic's lien may be brought after the later of (a) 6 months from recording the memorandum, or (b) 60 days from completion of the building or termination of the work. Because the statute says 'whichever time shall last occur,' the 6-month-from-recording date almost always controls. A claimant who records a memorandum and then waits past 6 months without filing a suit to enforce loses the lien entirely; settlement negotiations and partial payments do not pause the clock. Because the 6-month deadline is firm and short, it should be calendared the moment the memorandum is recorded.
How much can a Virginia subcontractor or supplier lien — the funds-owed-up-the-chain limit?
Virginia subcontractor and supplier liens are derivative. Under Va. Code § 43-7, the amount a subcontractor may perfect cannot exceed the amount the owner owes the general contractor when notice is given, or thereafter becomes owed. Under § 43-9, a lower-tier claimant is doubly capped: its lien cannot exceed what the subcontractor through whom it claims could itself claim under § 43-7. If the owner already paid the general contractor in full before notice, the lien fund may be zero — the owner is not required to pay twice. To reach funds owed up the chain and create personal liability, a subcontractor or supplier can use the § 43-11 notice procedure (a preliminary notice followed by a verified second notice to the owner or general contractor).
Can you waive Virginia mechanic's lien rights in advance under § 43-3?
No. Under Va. Code § 43-3(C), a contract provision that waives or diminishes the lien rights of a general contractor, subcontractor, lower-tier subcontractor, or material supplier is null and void if the contract was executed before any labor, services, or materials were provided. The 2015 amendment covers general contractors as well as subcontractors and suppliers. The rule applies only to advance, pre-performance waivers — a contractor may still voluntarily give a partial or final lien waiver after, or as, it is paid, and progress-payment lien waivers exchanged for payment remain valid. The line is timing: a waiver demanded in the original contract before any work is void, but a waiver given with or after payment for completed work is enforceable.
How does Virginia handle public projects and federal projects?
No mechanic's lien attaches to public property in Virginia. On state, county, city, and public-authority construction, an unpaid subcontractor or supplier pursues the prime contractor's payment bond. Virginia's 'Little Miller Act' is part of the Virginia Public Procurement Act at Va. Code §§ 2.2-4336 to 2.2-4341, with the bond requirement at § 2.2-4337: bonds are required on public construction contracts exceeding $500,000 (or $350,000 on transportation-related projects). On federal projects — Naval Station Norfolk, the Pentagon, Fort Belvoir, Marine Corps Base Quantico, Naval Air Station Oceana, Joint Base Langley-Eustis, Norfolk Naval Shipyard in Portsmouth, and Fort Lee — the federal Miller Act at 40 U.S.C. § 3131 et seq. governs, requiring payment bonds on federal construction contracts over $100,000. A claimant on a public or federal job should pursue the bond, not a void lien against public land.