.svg)
A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules on who can lien, what notices are required, and when liens must be filed and enforced. This guide walks through the essentials of Virginia's lien rights so you can better protect your right to be paid.
Generally not required
For 1- and 2-family residential projects: if the posted building permit names a mechanic’s lien agent, notice to the agent must be sent within 30 days of first furnishing (or within 30 days of permit issuance if work started before the permit)
Generally not required
For 1- and 2-family residential projects: if the posted building permit names a mechanic’s lien agent, notice to the agent must be sent within 30 days of first furnishing (or within 30 days of permit issuance if work started before the permit)
Generally not required
For 1- and 2-family residential projects: if the posted building permit names a mechanic’s lien agent, notice to the agent must be sent within 30 days of first furnishing (or within 30 days of permit issuance if work started before the permit)
Not required
Not required
Not required
Within 90 days of the last day of the month you last furnished labor or materials, OR within 90 days of project completion/termination—whichever comes first
Within 90 days of the last day of the month you last furnished labor or materials, OR within 90 days of project completion/termination—whichever comes first
Within 90 days of the last day of the month you last furnished labor or materials, OR within 90 days of project completion/termination—whichever comes first
Within 6 months of recording the lien, OR within 60 days after completion/termination—whichever comes later
Within 6 months of recording the lien, OR within 60 days after completion/termination—whichever comes later
Within 6 months of recording the lien, OR within 60 days after completion/termination—whichever comes later
Unpaid value of labor, materials, or equipment (minimum $150)
Unpaid value of labor, materials, or equipment (minimum $150); can't exceed what the owner owes the GC
Unpaid value of labor and materials (minimum $150); capped at whatever the owner owes the subcontractor and the GC
Virginia mechanic's lien rights are governed by Va. Code §§ 43-1 through 43-23.2 and apply to private construction projects. (Public projects cannot be liened. If you're unpaid on public work, the remedy is through a payment bond claim under Virginia's Little Miller Act.)
Virginia has a few nuances worth knowing up front:
- Preliminary notice isn't usually required—with one exception. On one- or two-family residential projects where the owner names a mechanic's lien agent on the posted building permit, most lien claimants must send notice to that agent within 30 days of first furnishing, or lien rights may be limited (Va. Code § 43-4.01).
- There's a 150-day lookback limit. Your lien generally cannot include charges for work performed more than 150 days before your last day on the job, with limited exceptions for retainage and amounts that aren't due yet.
- Subcontractor lien rights are capped. They generally can't exceed the amount the owner still owes the GC at the time the owner receives notice (Va. Code §§ 43-4, 43-5, 43-7).
That covers it at a high level; let's dig into the details.
In Virginia, mechanic’s lien rights are available to parties who perform labor or furnish materials valued at least $150 for the construction, repair, removal, or improvement of real private property (Va. Code §§ 43-1, 43-3).
This typically includes:
- General (original) contractors
- Subcontractors of any tier
- Material suppliers and others furnishing lienable materials
- Equipment providers (to the extent of the reasonable rental/use value)
- Laborers and tradespeople performing labor under a covered contract chain
- Parties performing site development improvements
In Virginia, lien rights attach to work performed for an “improvement” to real property. State law broadly defines an improvement and includes both buildings and certain site and infrastructure work, not just vertical construction (Va. Code §§ 43-2, 43-3).
Here are some examples of what’s considered lienable and what isn’t.
Lienable Work in Virginia
- Construction, removal, repair, or improvement of buildings or other permanent structures
- Site and exterior improvements, including wells, excavations, sidewalks, driveways, pavement and parking lots, retaining walls, curbs and gutters, drainage structures, water systems, septic or waste disposal systems, underground or field-constructed storage tanks, and swimming pools
- Materials furnished for the improvement, including earth, sod, sand, gravel, brick, stone, tile, pipe, and similar materials used on the project
- Surveying, grading, clearing, and earth-moving required for the improvement of the property
- The reasonable rental or use value of equipment furnished for the work
Non-Lienable Work in Virginia
- Work on public projects
- Repairs or improvements that were not ordered or authorized by the owner or the owner’s agent
- Work or materials not actually furnished for the project
- Claims under $150
Before filing a lien in Virginia, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).
Deadline to File
All claimants must record a memorandum of lien no later than 90 days from the last day of the month in which you last performed labor or furnished materials, and in no event later than 90 days from when the project finished or the work terminated (Va. Code § 43-4).
Filing Requirements
- Filing location: File the memorandum of lien withthe circuit court clerk’s office for the county or city where the property is located.
- Form requirements: Virginia provides role-specific guidance for general contractors, subcontractors, and lower-tier claimants on how to fill out the memorandum of lien (see Va. Code §§ 43-4 through 43-10). That said, the core information is largely the same:
- Owner’s name and address
- Claimant’s name and address
- The amount claimed and consideration
- When the amount is due
- The date from which interest is claimed
- A statement of intent to claim a lien
- A brief description of the property
- Claimant’s contractor license and certificate number, along with its issuance and expiration dates (if applicable)
- Verification: The memorandum of lien must be signed and sworn to under oath.
- Amount limitations: A memorandum of lien generally may not include amounts for labor or materials furnished more than 150 days before the last date labor was performed or materials were furnished preceding the filing, subject to limited exceptions for retainage and amounts not yet due.
- Filing fee: Varies by county.
Service and Extra Notice Requirements
Most lien-related notices can be delivered by a sheriff (or constable) or sent by certified or registered mail. Who you have to notify, however, depends on your role on the project:
- General contractors: Must mail a copy of the lien to the owner at the owner’s last known address and file a certification providing proof of mailing (Va. Code § 43-4).
- Subcontractors: In addition to recording the lien, subcontractors must send the owner a written notice stating the amount of the claim and what labor and/or materials are included. (Va. Code § 43-7)
- Lower-tier claimants: Must send a written notice of the claim to both the owner and the general contractor, in addition to recording the lien (Va. Code § 43-9).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Virginia.
Enforcement Requirements
- Enforcement deadline: Must file a lien enforcement suit within six months from the lien filing date or within 60 days after project completion or termination—whichever occurs later.
- Enforcement suit requirements: All claimants must include a notarized, itemized statement of account showing work performed or materials furnished, prices charged, the balance due, and the date interest is claimed (Va. Code § 43-22).
- Filing location: The enforcement suit is filed in circuit court for the county or city where the property is located or where the owner resides.
- Lien priority: Virginia generally treats mechanic’s liens equally, with three exceptions:
- Subs get paid before GCs
- Lower-tier subcontractors are paid before the subs above them
- Manual labor may take priority over material suppliers for work performed in the 30 days before the last labor date (Va. Code § 43-23)
Lien Release Requirements
Once paid, best practice is to record a release or satisfaction with the same clerk’s office where the memorandum was recorded. If the claimant fails to record satisfaction, the court can determine that the lien is no longer valid and release it from the record (Va. Code § 43-17.1).
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Not usually. Virginia bars lien rights for labor performed without a required Board for Contractors license or certificate, or without the proper license class for the value of work.
Yes. Virginia allows subcontractors and lower-tier parties to perfect liens, but they must comply with the recording rules and the required notice steps for their tier.
No, Virginia’s lien filing and enforcement deadlines are set by statute and cannot be changed.
Usually, no, but residential one- and two-family projects are a major exception. If the posted building permit names a mechanic's lien agent, most lien claimants must notify that agent within 30 days of first furnishing (or within 30 days of permit issuance if you started before the permit was issued) (Va. Code § 43-4.01).
If you miss that 30-day window, you may still file a lien, but it’s generally limited to labor and/or materials furnished on or after the date you finally send the notice.
Also note: Virginia has separate “two notice” procedures that can create personal liability against an owner or GC in certain situations. Those are not required to record a mechanic's lien, but they can be a powerful additional tool (Va. Code § 43-11).
There is no statutory lien waiver form in Virginia, so parties are free to use any format they choose. To ensure complete compliance, brush up on the specifics in our Virginia lien waiver guide before your next project.
In Virginia, mechanic’s lien rights generally cover the unpaid value of lienable labor and materials totaling at least $150, including the reasonable rental or use value of equipment. Virginia also treats many sitework-related items—such as grading, clearing, earth-moving, and certain exterior improvements—as lienable under its statutory definitions (Va. Code §§ 43-2, 43-3).
That said, Virginia places several important limits on how much you can actually lien for:
- Lien cap for subcontractors and lower tiers: For anyone who isn’t directly contracted with the owner, your lien is generally capped by the amount the owner still owes the GC at the time the owner receives written notice (or once the owner becomes indebted). Lower-tier claimants are capped even further and generally cannot lien for more than what the subcontractor above them could lien (Va. Code §§ 43-7, 43-9).
- 150-day lookback limit: In most cases, a Virginia lien cannot include charges for labor or materials furnished more than 150 days before the last day you performed work or delivered materials. There are narrow exceptions to this limitation under Va. Code § 43-4.
Virginia also imposes a strict penalty for overstating a lien. If a claimant knowingly includes work or materials that were not actually furnished to the project, the claimant forfeits all lien rights, not just the overstated portion (Va. Code § 43-23.1).
No, Virginia law doesn’t require claimants to send a notice of intent before filing a lien.
Virginia’s statutes don’t really state whether a written contract is required to claim a lien. Its definitions focus more on whether you performed labor or furnished materials under a qualifying contract chain.
That said, written contracts are still best practice as they make it much easier to prove scope, pricing, and payment terms if the lien is challenged.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.