Virginia Construction Lien Resources
Record the memorandum within 90 days after the end of the month of last work (and within 90 days of completion), then sue within 6 months of recording or 60 days of completion, whichever is later. Everything a contractor, subcontractor or supplier needs to protect lien rights in Virginia.
Start a Virginia jobCalculate my deadlines
Record the memorandum after the last day of the month of last work
Lookback cap on amounts one memorandum can claim
File suit to enforce after recording
Notify the residential mechanics’ lien agent
Virginia deadline calculator
Enter your dates and see every deadline in order. Red rows are the ones that can cost you the lien.
How a Virginia lien comes together
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Within 30 days of first work, or of permit issuance if work began earlier (1-2 family homes)
Notify the mechanics’ lien agent
If the building permit names a mechanics’ lien agent, send notice by registered or certified mail or by physical delivery. Late notice limits the lien to work done on or after the notice date.
Va. Code 43-4.01(B), (C)
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Any time after work starts
Prepare the memorandum of lien
The memorandum is verified by oath. It lists the owner, the claimant, the amount, when it was due, the interest date, the property, and the claimant’s Board for Contractors license details.
Va. Code 43-4; 43-5
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By 90 days after the last day of the month of last work, and no later than 90 days after completion
Record the memorandum
File it in the clerk’s office of the county or city where the property is located. A general contractor also files a certification that it mailed a copy to the owner.
Va. Code 43-4
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When perfecting the lien (no separate deadline stated)
Give written notice of the claim
Subcontractors give the owner or the owner’s agent written notice of the amount and character of the claim. Lower-tier claimants give that notice to the owner and to the general contractor.
Va. Code 43-7(A); 43-9
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By the later of 6 months after recording or 60 days after completion
File suit to enforce
File a suit, or a petition in a proper pending suit, by this deadline. This does not extend the time to perfect the lien.
Va. Code 43-17
The Virginia rules, abstracted
A working summary of the Virginia Mechanics’ and Materialmen’s Lien Law for notice, recording and enforcement.
Who has lien rights
Anyone who performs labor or furnishes materials worth $150 or more to build, remove, repair or improve a building or structure has a lien right. The reasonable rental or use value of equipment counts. General contractors, subcontractors, and those who work for subcontractors can claim. A person who lacks a Board for Contractors license or certificate that the law requires for the work gets no lien.
Pre-lien notices
Virginia has no general preliminary notice for commercial work. On one- or two-family homes, the building permit must be posted, and it may name a mechanics’ lien agent. If it does, each claimant must notify that agent within 30 days of first work. If work started before the permit issued, the 30 days run from the permit date. Send notice by registered or certified mail or by physical delivery. Late notice limits the lien to work done on or after the notice date. If no permit is posted, or the posted permit names no agent, you must check with the permit office. No notice is needed if the permit names no agent or the memorandum is recorded before a permit issues. Site-development claimants under Va. Code 43-3(B) are not covered by this rule.
Notice of commencement or completion
The lien sections reviewed do not create a notice of commencement or notice of completion. On homes, the mechanics’ lien agent system in Va. Code 43-4.01 plays a similar role.
The memorandum of lien
Record a memorandum of lien in the clerk’s office of the county or city where the property is located. The deadline is 90 days from the last day of the month in which you last worked or supplied material. It can be no later than 90 days after the structure is completed or the work otherwise ends. The memorandum is sworn. It must include your Board for Contractors license or certificate number and the license’s issue and expiration dates, if you have one. One memorandum cannot include amounts for work more than 150 days before the last day of work. Two exceptions apply: retainage up to 10 percent of the total contract price, and sums not yet due because the party you contracted with has not been paid by the owner or another third party.
Service and notice of the lien
A general contractor must file, with the memorandum, a certification that it mailed a copy to the owner at the owner’s last known address. A subcontractor must give the owner or the owner’s agent written notice of the amount and character of the claim. A lower-tier claimant gives that notice to both the owner and the general contractor.
Enforcement deadline
Suit to enforce must be filed within 6 months after recording or within 60 days after completion or termination of the work, whichever is later. Filing a petition in a proper pending suit counts. This does not extend the deadline to record the memorandum.
Owner protections
A subcontractor’s lien cannot exceed what the owner owes the general contractor when notice is given or later. The owner can raise as a defense that it owes less, or nothing. A lower-tier claimant’s lien cannot exceed what its subcontractor could claim.
Virginia quirks
The filing clock runs from the end of the month of last work, not from the last work date itself. A lien waiver in a contract signed before any labor, services or materials are furnished is void. The 150-day lookback means long jobs may need more than one memorandum.
Where Virginia liens go wrong
- Counting 90 days from the end of the month and missing the 90-day cap after completion.
- Including amounts for work more than 150 days before the last day of work, other than allowed retainage or unpaid pay-when-paid sums.
- Leaving the Board for Contractors license number and dates off the memorandum.
- Missing the 30-day notice to the mechanics’ lien agent on one- or two-family homes, or not checking the permit office when no permit is posted.
What do I need to send?
- On 1-2 family homes, notify the named mechanics’ lien agent within 30 days of first work. If no permit is posted, check with the permit office.
- Record the memorandum within 90 days after the last day of the month of last work, and within 90 days of completion.
- Give written notice of the claim to the owner. Lower tiers also notify the general contractor.
- Know that your lien is capped at what the owner owes the general contractor.
- Sue within 6 months of recording or 60 days of completion, whichever is later.
- On 1-2 family homes, notify the mechanics’ lien agent within 30 days if the permit names one.
- Record a sworn memorandum with license details in the local clerk’s office within 90 days after the end of the month of last work.
- File a certification of mailing a copy to the owner along with the memorandum.
- Watch the 150-day lookback on long projects.
- Sue within the Va. Code 43-17 deadline.
- Post the building permit on one- or two-family homes before any work starts.
- Appoint a successor mechanics’ lien agent right away if the named agent cannot serve.
- Check the clerk’s land records for recorded memoranda.
- Track amounts owed to the general contractor. They cap subcontractor liens.
Public projects: payment bonds
You can’t lien public property. On state and local jobs, your security is the contractor’s payment bond under the Virginia Public Procurement Act, Va. Code 2.2-4337 and 2.2-4341.
- The prime contractor must furnish a payment bond on nontransportation public construction contracts over $500,000. The same applies to certain transportation projects over $350,000 that the Commonwealth funds in whole or in part.
- A claimant with a direct contract with the prime contractor may sue on the bond if not paid in full within 90 days after its last labor or materials.
- A claimant who contracted with a subcontractor (no contract with the prime) must give the prime contractor written notice within 90 days after its last labor or materials. The notice states the amount claimed and who the work was for. Serve it by registered or certified mail to the contractor’s regular office. Retainage claims are exempt from this time limit.
- Any bond suit must be filed within one year after the claimant last performed labor or furnished materials.
Va. Code 2.2-4337(A); 2.2-4341(A)-(C)
Lien waivers
Virginia does not prescribe statutory lien waiver forms. Lien rights may be waived in whole or in part. A provision in a contract signed before any labor, services or materials are furnished that waives or diminishes lien rights is void.
Va. Code 43-3(C)
Federal projects
The Miller Act governs federal jobs in every state. Second-tier claimants give written notice to the prime contractor within 90 days after last furnishing; suit within 1 year after last furnishing.
40 U.S.C. 3133
Read the Virginia law
We link to the official statute instead of hosting a copy, so you always read the current version. Our summaries were last checked against these sources on October 7, 2026.
Virginia services
Flat pricing per document. Premium members pay less on every filing.
Basic: free with signup. Premium: $299 per year.
Basic Membership
Create your free LienNow account to access all our services at standard pricing. No cost, no commitment. Sign up in minutes and start filing right away at our standard pricing. It’s a good fit for contractors and suppliers who file occasionally.
Premium Membership
Premium includes everything in Basic, plus discounted pricing across our service offerings. If you file notices or liens regularly, the savings can quickly cover the annual fee.
| Service | Premium | Basic |
|---|---|---|
| Lien agent and permit information | Starting at $35 | Starting at $60 |
| Notice to mechanics’ lien agent (1-2 family homes) | Starting at $55 | Starting at $90 |
| Notice of intent to lien (optional demand) | Starting at $75 | Starting at $110 |
| Memorandum of mechanic’s lien: prepare, record and serve | Starting at $225 | Starting at $395 |
| Lien release / discharge | Starting at $110 | Starting at $165 |
| Public job bond notice or claim | Starting at $210 | Starting at $375 |
| Miller Act bond notice or claim (federal jobs) | Starting at $195 | Starting at $350 |
| Title search and legal description | Starting at $300 | Starting at $350 |
| Rush service (within 7 business days) | Starting at $75 | Starting at $150 |
| Same-day service (24-hour turnaround) | Starting at $125 | Starting at $200 |
| Electronic recording (e-file) | Starting at $45 | Starting at $75 |
Prices are LienNow service fees per document. County recording fees, state registry or portal fees, certified mail, postage and notary fees are billed at cost. Court actions to enforce a lien are handled by an attorney and are not included.
Virginia lien questions
When is the deadline to record a Virginia mechanics' lien?
Record the memorandum no later than 90 days from the last day of the month in which you last performed labor or furnished material. It also must be recorded no later than 90 days after the structure is completed or the work otherwise ends (Va. Code 43-4).
Does Virginia require a preliminary notice?
Not on commercial work. On one- or two-family homes, if the building permit names a mechanics’ lien agent, you must notify that agent within 30 days of first work, or within 30 days of permit issuance if you started earlier. If no permit is posted, you must check with the permit office. Late notice limits the lien to work done on or after the notice date (Va. Code 43-4.01).
How long do I have to sue to enforce the lien?
Six months from recording or 60 days from completion or termination of the work, whichever is later (Va. Code 43-17).
Can my contract waive my lien rights in advance?
No. A provision in a contract signed before any labor, services or materials are furnished that waives or diminishes lien rights is void (Va. Code 43-3(C)).
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The information on this page is general information about Virginia law as of the review date shown. It is not legal advice, and LienNow is not a law firm. Deadlines depend on the facts of each project. Consult a licensed Virginia attorney about your specific situation.