A Virginia mechanic’s lien is a legal tool filed by a service or materials provider on a construction project to make a claim against the property in the event of nonpayment. Any party who contributed labor, materials, or equipment can claim a mechanic’s lien, including architects and engineers. If the claimant does not receive the compensation they are owed, they can enforce the lien which establishes a foreclosure suit against the property so the sale of the property can secure their payment.
The lien process starts with a preliminary notice (not required for commercial projects), after which the mechanic’s lien is filed with the county recorder and a notice is sent to the owner. If payment is still not received at this point, the claimant can take action to enforce the lien.
Laws & Requirements
Virginia Subcontractor Memorandum for Mechanic’s Lien – This form is used by subcontractor’s intent on filing a lien against real property. In addition to the requirements of a general contractor (§ 43-4), subcontractors must give notice in writing to the owner of the property of the amount and character of their lien claim. Furthermore, the subcontractor’s claim amount cannot be more than the amount the owner is indebted to the general contractor (§ 43-7(A)).
Virginia Sub-Subcontractor Memorandum for Mechanic’s Lien – A lien claim form used by those providing labor or materials for a subcontractor on a construction project. In addition to the requirements of a general contractor (§ 43-4), subcontractors must give notice in writing to the owner of the property as well as the general contractor of the amount and character of their lien claim. A sub-subcontractor’s claim amount cannot be more than the amount the subcontractor can claim (§ 43-9).