Mechanic's Lien Deadlines & Notice Requirements in Virginia
At a glance
| Governing law | Va. Code Title 43, Ch. 1 (§§ 43-1–43-23.2); lien memorandum and claimant-specific notices govern perfection |
|---|---|
| Who can claim a lien | Labor or at least $150 of materials/equipment value for covered work (§ 43-3(A)); owner-contract, subcontract and lower-tier routes (§§ 43-1, 43-7, 43-9); required license limits labor liens (§ 43-3(D)) |
| Preliminary notice | On a one- or two-family dwelling with a named lien agent, most claimants notify the agent within 30 days of first work or permit issuance; late notice limits the lien to later work (§ 43-4.01(C)) |
| Deadline to file the lien | Record by 90 days after the last day of the claimant’s last work month and by 90 days after project completion/termination; sums older than 150 days generally excluded, with retainage exception (§ 43-4) |
| Notice of completion effect | Section 43-4 measures the outside deadline from actual completion or termination; it provides no owner-recorded completion notice trigger |
| Serving the lien on the owner | General contractor files an owner-mailing certification with the memorandum (§ 43-4); subcontractor gives owner written claim notice (§ 43-7); lower-tier claimant also notifies general contractor (§ 43-9) |
| Deadline to sue to foreclose | Sue by the later of six months after memorandum recording or 60 days after completion/termination (§ 43-17) |
| Homestead/residential extras | One- or two-family dwellings use the named lien-agent notice rule, with exceptions for § 43-3(B) claims, memoranda recorded before permit issuance, or permits naming no agent (§ 43-4.01(C)) |
Requirements one by one
Claimants and governing law
Virginia Code Title 43, Chapter 1 (§§ 43-1–43-23.2) supplies these rules. Section 43-3(A) gives a lien for covered labor or at least $150 of materials or equipment-use value. Section 43-1 distinguishes a general contractor contracting with the owner from a subcontractor contracting with that contractor. A person furnishing work to a subcontractor also has a route under § 43-9. When a contractor license is legally required for labor, § 43-3(D) denies the lien to an unlicensed worker.
Residential lien-agent notice
For a one- or two-family dwelling whose permit names a mechanics' lien agent, § 43-4.01(C) generally requires notice to that agent within 30 days after first work or materials, or within 30 days after permit issuance when the work began earlier. Late notice preserves only work from the date notice is given. The subsection exempts § 43-3(B) claimants, a memorandum recorded before permit issuance, and a permit that names no agent. The permit-posting rule is in § 43-4.01(A).
Memorandum and owner notice
Section 43-4 lets a claimant record after work begins, but requires the memorandum by 90 days after the last day of the month of the claimant's last work or materials, and never more than 90 days after project completion or termination. It generally excludes sums for labor or materials furnished more than 150 days before the claimant's last work; retained sums within the statutory cap and certain not-yet-due sums are exceptions. The memorandum deadline follows actual completion or termination under § 43-4, with no recorded completion-notice trigger in that rule.
A general contractor files a certification that it mailed a memorandum copy to the owner (§ 43-4). A subcontractor also gives written notice of the amount and character of the claim to the owner (§ 43-7). A claimant supplying a subcontractor gives that notice to both the owner and the general contractor (§ 43-9).
Foreclosure
Section 43-17 allows suit until the later of six months after memorandum recording or 60 days after project completion or termination. The statute says this suit period does not extend the time to perfect the lien.
What trips people up
The filing deadline and the 150-day lookback in § 43-4 measure different things: a timely memorandum can still exclude older work, apart from the stated exceptions. The residential agent notice has its own earlier clock under § 43-4.01(C).
Common questions
Does a late residential lien-agent notice destroy every part of the claim? No. Section 43-4.01(C) leaves a lien for work from the date the agent receives notice, if the other requirements are met.
When is the enforcement suit due if the project finished after recording? Section 43-17 uses whichever deadline ends later: six months after recording or 60 days after completion or termination.
Statutes and sources
- Va. Code § 43-3(A) — https://law.lis.virginia.gov/vacode/title43/chapter1/section43-3/ (accessed 2026-10-06)
- Va. Code § 43-3(D) — https://law.lis.virginia.gov/vacode/title43/chapter1/section43-3/ (accessed 2026-10-06)
- Va. Code § 43-1 — https://law.lis.virginia.gov/vacode/title43/chapter1/section43-1/ (accessed 2026-10-06)
- Va. Code § 43-4.01(C) — https://law.lis.virginia.gov/vacode/title43/chapter1/section43-4.01/ (accessed 2026-10-06)
- Va. Code § 43-4 — https://law.lis.virginia.gov/vacode/title43/chapter1/section43-4/ (accessed 2026-10-06)
- Va. Code § 43-7(A) — https://law.lis.virginia.gov/vacode/title43/chapter1/section43-7/ (accessed 2026-10-06)
- Va. Code § 43-9 — https://law.lis.virginia.gov/vacode/title43/chapter1/section43-9/ (accessed 2026-10-06)
- Va. Code § 43-17 — https://law.lis.virginia.gov/vacode/title43/chapter1/section43-17/ (accessed 2026-10-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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