Mechanic's Lien Deadlines & Notice Requirements in Virginia

Short answer Virginia requires recording a lien memorandum within 90 days after the last day of the claimant’s final work month and no later than 90 days after project completion or termination. A subcontractor also gives written notice to the owner; on a one- or two-family dwelling with a named lien agent, most claimants notify that agent within 30 days to preserve the full claim. Suit is due by the later of six months after recording or 60 days after completion or termination.
State
Virginia
Statute checked
October 6, 2026
Sources
8 statutes
Pending legislation could change this.
VA HB 42 (2026 Regular Session) (Continued to 2027 by the House Courts of Justice Committee on February 11, 2026 (voice vote); the 2027-session record adds a July 21 “Continued from last session” entry and shows no later action through October 5, 2026.): Would remove the current one-or-two-family-dwelling limit on the mechanics' lien agent notice system in § 43-4.01, extending the building-permit-posting and 30-day lien-agent-notice requirements to all projects, not just residential ones track it Status checked October 5, 2026.
VA HB 752 (2026; carried to 2027) (Continued to 2027 by House Courts of Justice on February 11, 2026; July 21 carryover entry and no later action shown through October 6, 2026): Would remove the current § 43-4 150-day lookback limit for lien memoranda and the § 43-3 owner-authorization condition for liens on repairs to existing structures. track it Status checked October 6, 2026.

At a glance

Governing lawVa. Code Title 43, Ch. 1 (§§ 43-1–43-23.2); lien memorandum and claimant-specific notices govern perfection
Who can claim a lienLabor 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 noticeOn 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 lienRecord 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 effectSection 43-4 measures the outside deadline from actual completion or termination; it provides no owner-recorded completion notice trigger
Serving the lien on the ownerGeneral 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 forecloseSue by the later of six months after memorandum recording or 60 days after completion/termination (§ 43-17)
Homestead/residential extrasOne- 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.

Va. Code § 43-3(A) · accessed 2026-10-06
Va. Code § 43-3(D) · accessed 2026-10-06
Va. Code § 43-1 · accessed 2026-10-06
Va. Code § 43-4.01(C) · accessed 2026-10-06
Va. Code § 43-4 · accessed 2026-10-06
Va. Code § 43-7(A) · accessed 2026-10-06
Va. Code § 43-9 · accessed 2026-10-06
Va. Code § 43-17 · accessed 2026-10-06
This page is general legal information about statutory lien deadlines and notice requirements, not legal advice about your situation. Lien statutes are construed strictly and courts routinely enforce their deadlines to the day; missing one step can forfeit lien rights entirely even if the underlying debt is real. Verified against the official statute text on the date shown; confirm current law or consult a licensed attorney in the state before relying on it.

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