How to File a Mechanics Lien in Virginia
Step 1 — Confirm you have lien rights in Virginia
Virginia's recorded rules cover general contractors, subcontractors and suppliers, design professionals (Va. Code Ann. § 43-4.01). Each of those roles has its own filing window — see Step 3. Virginia rule detail: Sub not in direct contract with owner must serve written notice on owner within 30 days of first furnishing on RESIDENTIAL projects (owner-occupied 1–4 family). Without notice, lien may be reduced.
Step 2 — Virginia requires no preliminary notice
Virginia does not condition lien rights on an early notice. That removes the most common way claims are lost, but it also means the Step 3 filing date is your only checkpoint. Virginia rule detail: File memorandum of lien within 90 days of last furnishing of labor or materials.
Step 3 — Your Virginia filing deadline
Virginia sets the window by claimant role: • General contractors: within 90 days of your last day of work or materials. • Subcontractors and suppliers: within 90 days of your last day of work or materials. • Design professionals: within 90 days of your last day of work or materials. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Virginia rule detail: File memorandum of lien within 90 days of last furnishing. Serve copy on owner within 30 days of filing.
Step 4 — Prepare and record the lien in Virginia
Record in the county where the property sits, under Va. Code Ann. § 43-17. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Virginia rule detail: File suit to enforce lien within 6 months of recording. Lien expires after 6 months without enforcement.
Step 5 — Serve the recorded Virginia lien
Virginia requires service on Circuit Court Clerk and Owner and GC and Prime Contractor and Surety and Prime Contractor. Use Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Virginia rule detail: Written notice within 90 days of last furnishing on public works projects. No mechanic's lien on public property in Virginia.
Step 6 — Enforce before the Virginia deadline expires
You must sue to foreclose within 6 months (filing) (Va. Code Ann. § 11-60). Miss it and the lien expires and title clears, leaving only a contract claim. Virginia rule detail: File suit on payment bond within 1 year of last furnishing.
Retainage rules that affect your Virginia claim
Virginia treats retainage on its own schedule (Va. Code Ann. § 11-4.9), so money still held back may have a different due date than your progress billings. Virginia rule detail: Second-tier claimants only. No notice = no bond claim.
Other Virginia requirements that void liens
• File no sooner than 90 days AND no later than 1 year. • Prime must pay sub within 7 days of receiving payment from owner (Virginia Prompt Payment Act). Interest at judgment rate on amounts wrongfully withheld. • Retainage released within 60 days of substantial completion. 10% maximum retainage; 5% after 50% completion. • Public prompt payment (Virginia Prompt Payment Act applies to public contracts): prime must pay sub within 7 days of receiving payment. Interest at judgment rate on amounts wrongfully withheld.
Frequently Asked Questions
How long do I have to file a mechanics lien in Virginia?
Virginia requires the lien to be recorded within 90 days, measured from last date of furnishing. The exact window depends on your role — general contractors: within 90 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in Virginia?
No. Virginia does not require a preliminary notice as a precondition to filing, which is unusual. Your filing deadline is therefore the only checkpoint protecting your lien rights.
Where do I file a mechanics lien in Virginia?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Virginia filing deadline?
Your lien rights are extinguished. Virginia courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Virginia?
Once recorded, you must file suit to enforce within 6 months (filing). If you do not, the lien expires automatically and no longer clouds the property's title.