To fully understand the specific lien laws in your state, some investigation is required. It can be a challenge to locate the right laws among the many that exist. We’re here to take away the complexity and confusion and give it to you straight. If you work in Virginia and need to know the lien laws, this is the site for you. Here, we break down exactly what the state of Virginia requires for you to properly file a valid construction lien and bond claim.
How to File a Valid Lien in Virginia:
- Your lien must be filed ninety (90) days from the last day of the last month you worked and/or supplied materials, or within ninety (90) days of completion of the project, whatever comes first. However, when the lien is filed it will only be valid for work done or materials supplied for one hundred and fifty (150) days before the lien was filed. In other words, it’s better to file your lien within one hundred and fifty (150) days of the date first worked and/or materials supplied.
- If you include any amounts outside of the one hundred and fifty (150) days before you file your lien, your whole lien will be invalidated.
- You must send the Owner notice of the lien that is filed. Place 2 and below Contractors must also send notice of the Lien to the Place 1* Contractor.
- For residential projects, you must send notice to the Owner’s Mechanic’s Lien agent within thirty (30) days of first work and/or materials supplied that you are providing work and/or materials.
- You must file suit to enforce the lien within six (6) months of it being filed.
How to Have a Valid Bond Claim in Virginia:
- Bonds are required on public projects of more than $500,000.
- Place 3* and above Contractors and Material Suppliers have bond claim rights.
- Place 3* Contractors and Material Suppliers must give the Place 1* Contractor notice of unpaid amounts to the Place 1* Contractor within ninety (90) days of last work and/or materials supplied.
- All Contractors and Material Suppliers must wait ninety (90) days after last work and/or materials supplied to file suit on the bond but must file suit within one (1) year of the last work and/or materials supplied.
If you work in Virginia, understanding and following the above laws is imperative to the success of your business. Commit them to memory to better protect the pay for your projects. If you’d like someone else to take care of filing your construction lien or bond, and do it the right way, contact an experienced Virginia lien lawyer who knows construction law. Our sister company, The Cromeens Law Firm, has a 90% success rate of collections before having to foreclose on a lien, saving you costly legal fees. You work hard for your money. Make sure you are paid what you are owed.
*The “places” referenced in the rules above correlate to the Construction Food Chain Chart from Karalynn Cromeens’ book,
Quit Getting Stiffed. The chart can be found here to use when following these lien and bond rules.