What Is a Mechanics Lien in Virginia — Complete 2026 Guide
Virginia mechanics lien law gives contractors 90 days from the last day of the month in which work was performed to file a Memorandum of Mechanics' Lien with the Circuit Court Clerk. Virginia requires no preliminary notice. Enforcement must begin within 6 months of filing.
Virginia 90-Day Filing Deadline
Under Virginia Code § 43-4, all mechanics lien claimants in Virginia have 90 days from the last day of the month in which labor or materials were last furnished to record a Memorandum of Mechanics' Lien. Note the critical nuance: the 90-day clock runs from the last day of the month of last furnishing — not from the specific date of last furnishing. This means the actual deadline may be slightly longer or shorter depending on when in the month the last work was performed.
Virginia Memorandum of Mechanics' Lien
Virginia calls its mechanics lien document a Memorandum of Mechanics' Lien rather than a claim of lien or notice of lien. The Memorandum must be recorded with the Clerk of the Circuit Court in the jurisdiction (county or city) where the project property is located. It must include the amount claimed, the time within which the work was performed, a description of the property, and the names of all required parties.
No Preliminary Notice Required in Virginia
Virginia does not require any preliminary notice for general contractors, subcontractors, or material suppliers before filing a mechanics lien. This is a significant advantage for Virginia construction professionals. However, within 30 days of recording the Memorandum of Lien, the claimant must serve a copy on the property owner by personal service or certified mail.
Virginia Lien Enforcement — 6 Months
After recording a Memorandum of Mechanics' Lien in Virginia, the claimant must enforce the lien by filing a bill in equity in the Circuit Court within 6 months of the date the memorandum was recorded. Virginia's 6-month enforcement window is shorter than most states. Failure to file the enforcement lawsuit within 6 months permanently extinguishes the lien.
Frequently Asked Questions
What is the mechanics lien deadline in Virginia?
In Virginia, all claimants have 90 days from the last day of the month in which labor or materials were last furnished to record a Memorandum of Mechanics' Lien with the Circuit Court Clerk.
Do I need to send a preliminary notice in Virginia?
No. Virginia does not require any preliminary notice before filing a mechanics lien. However, you must serve a copy of the recorded lien on the property owner within 30 days of recording.
Where do I file a mechanics lien in Virginia?
Record the Memorandum of Mechanics' Lien with the Clerk of the Circuit Court in the county or city where the project property is located.
How long do I have to enforce a Virginia mechanics lien?
Virginia gives lienors only 6 months from the recording date to file a foreclosure lawsuit in Circuit Court. Missing this deadline permanently extinguishes the lien.