Virginia Mechanics Lien — Deadlines, Laws, and Filing Guide
Virginia mechanics lien law is governed by Virginia Code Title 43. Virginia has a 90-day filing deadline from the last date of furnishing labor or materials. Virginia uses a unique memorandum of lien that must be recorded with the clerk of the circuit court. This guide covers Virginia lien rights in 2026.
Virginia Mechanics Lien Deadlines
Virginia mechanics lien deadlines are governed by Virginia Code Section 43-4. The 90-day filing deadline applies to all claimant types — general contractors, subcontractors, material suppliers, and design professionals. The memorandum of lien must be recorded with the clerk of the circuit court before the deadline expires.
Virginia Memorandum of Lien
Virginia calls its mechanics lien a memorandum of 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 where the property is located and must include the amount claimed, a description of the work, and the names of all required parties.
Virginia Preliminary Notice
Virginia does not require a preliminary notice for most parties to preserve lien rights. However, subcontractors may benefit from serving a notice on the property owner early in the project to ensure the owner is aware of their presence on the job.
How to File a Mechanics Lien in Virginia
Step 1: Confirm your lien rights and calculate your 90-day deadline. Step 2: Prepare the Memorandum of Lien per Virginia Code 43-4. Step 3: Record with the clerk of the circuit court. Step 4: Serve copy on property owner within 30 days of recording. Step 5: Enforce within 6 months of filing or lien expires.
Frequently Asked Questions
What is the deadline to file a mechanics lien in Virginia?
The deadline is 90 days from the last date of furnishing labor or materials under Virginia Code Section 43-4. This is a hard cutoff with no exceptions.
What is a memorandum of lien in Virginia?
A memorandum of lien is Virginia's name for the mechanics lien document that must be recorded with the clerk of the circuit court in the jurisdiction where the property is located.
How long does a mechanics lien last in Virginia?
A Virginia mechanics lien must be enforced by filing a bill in equity in circuit court within 6 months of recording the memorandum of lien.