Virginia Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Virginia liens are filed and enforced
A Virginia mechanics lien is filed with the Circuit Court Clerk in the county where the project sits — 90 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Virginia claimants lose rights far more often by missing the second one than the first.
Virginia deadlines by claimant role
For subcontractors and suppliers: Preliminary notice — 30 days from first furnishing (Va. Code Ann. § 43-4.01); Record the lien — 90 days from last furnishing (Va. Code Ann. § 43-4); file suit — 6 months from lien recorded (Va. Code Ann. § 43-17); bond notice — 90 days from last furnishing (Va. Code Ann. § 11-60); file suit — 1 years from last furnishing (Va. Code Ann. § 11-62); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 90 days from last furnishing (Va. Code Ann. § 43-4). For design professionals: Record the lien — 90 days from last furnishing (Va. Code Ann. § 43-3(B)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Virginia
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. File memorandum of lien within 90 days of last furnishing of labor or materials. File memorandum of lien within 90 days of last furnishing. Serve copy on owner within 30 days of filing. File suit to enforce lien within 6 months of recording. Lien expires after 6 months without enforcement. Written notice within 90 days of last furnishing on public works projects. No mechanic's lien on public property in Virginia. File suit on payment bond within 1 year of last furnishing. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year.
How Virginia notices must be served
Virginia does not impose a preliminary notice on most claimants (N/A), but the notices it does require are strict on method. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested. Service runs to the Owner and GC. Keep the proof of service in the project file — Virginia disputes over whether a notice was properly served are decided on that documentation.
Public projects in Virginia
No lien attaches to public property in Virginia. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (Va. Code Ann. § 11-60). 5 public-project deadlines are tracked for Virginia.
Virginia statute citations
The Virginia deadlines above come from Va. Code Ann. § 43-4.01, Va. Code Ann. § 43-4, Va. Code Ann. § 43-17, Va. Code Ann. § 11-60, Va. Code Ann. § 11-62, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Va. Code Ann. § 11-4.6, Va. Code Ann. § 11-4.9, Va. Code Ann. § 43-3(B). Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Virginia construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Virginia?
90 days — From last date of furnishing. The filing goes to the Circuit Court Clerk in the project's county. See Va. Code Ann. § 43-4. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Virginia?
With the Circuit Court Clerk in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Virginia require a preliminary notice?
Not for most claimants (N/A). Sub-tier claimants should still document first furnishing, because Virginia's filing and enforcement windows are applied strictly.
How long do you have to enforce a Virginia mechanics lien?
6 months — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Virginia?
Retainage released within 60 days of substantial completion. 10% maximum retainage; 5% after 50% completion. (Va. Code Ann. § 11-4.9).