Mechanics Lien Filing Package — Virginia

Mechanics Lien Filing Package (Virginia)

Quick-Reference Summary

WARNING: Virginia courts apply Mechanic's Lien statutes strictly. Common defects: missing or wrong "claimant of mechanic's lien claimed by" caption, wrong county/clerk's office, overstating amount, claiming for labor outside 150-day lookback, or filing past 90 days from last-day-of-month.

Part A — Pre-Lien Notice

A-1. Notice to Owner (Subcontractors and Suppliers Only)

NOTICE TO OWNER PURSUANT TO § 43-11

[Date: __/__/____]

To: [OWNER NAME]
[OWNER ADDRESS]

Via Certified Mail, Return Receipt Requested

Re: [PROJECT / PROPERTY ADDRESS, COUNTY/CITY, VA]

YOU ARE HEREBY NOTIFIED, in accordance with Va. Code § 43-11, that the undersigned, [CLAIMANT NAME], is performing labor and/or furnishing materials in connection with the improvement of the above-described property under a contract or order with [GENERAL CONTRACTOR / HIGHER-TIER PARTY NAME].

The undersigned has performed labor and/or furnished materials to date of the value of $[____] and expects to furnish further labor and/or materials of the approximate value of $[____].

You are further notified that the undersigned claims the benefit of § 43-11 and that any payment made by you to [GC/HIGHER-TIER PARTY] after receipt of this notice shall not relieve you from liability to the undersigned to the extent of the sums then due or thereafter becoming due to [GC/HIGHER-TIER PARTY] from you.

Demand is hereby made that you withhold sufficient funds to cover the undersigned's claim.

Sincerely,
[CLAIMANT NAME], by [SIGNER NAME, TITLE]
[ADDRESS, PHONE, EMAIL]

Serve owner personally or by registered/certified mail to last known address.

Part B — Claim of Mechanics Lien (Memorandum for Mechanic's Lien)

MEMORANDUM FOR MECHANIC'S LIEN CLAIMED BY GENERAL CONTRACTOR / SUBCONTRACTOR / PERSON OTHER THAN GENERAL CONTRACTOR OR SUBCONTRACTOR

(Pursuant to Va. Code §§ 43-4, 43-5)

The undersigned claims a mechanic's lien upon the property described above to secure payment of the sum stated above, with interest from the date stated, for labor performed and/or materials furnished for the construction, removal, repair, or improvement of a building or structure permanently annexed to the freehold.

AFFIDAVIT

State of Virginia, County/City of [____], to-wit:

I, [NAME], being duly sworn, depose and say that I am the Claimant (or the agent of the Claimant) named in the foregoing Memorandum for Mechanic's Lien; that I have read the same; that the facts therein are true to the best of my knowledge and belief; that the amount claimed is justly due and owing; and that 90 days have not elapsed since the last day of the month in which the labor was performed or material furnished, nor has six months elapsed since the building or structure was completed or the work thereon otherwise terminated.

Signed: ________________________ [NAME], [TITLE]

Subscribed and sworn to before me this [__] day of [____], 20[__].

Notary Public: ________________________ Commission Expires: [__/__/____]

Attach: itemized statement of account; legal description of property; copy of contract (optional but recommended). Record original with the Clerk of the Circuit Court.

Part C — Notice of Filing Lien Claim to Owner

[Date: __/__/____]

To: [OWNER NAME]
[OWNER ADDRESS]

Via Certified Mail, Return Receipt Requested

Re: Recorded Memorandum for Mechanic's Lien — [PROPERTY ADDRESS]

Dear [OWNER]:

Please take notice that on [__/__/____], the undersigned recorded a Memorandum for Mechanic's Lien against the above-described property with the Clerk of the Circuit Court for [____] County/City, Virginia, at Deed Book [____], Page [____] / Instrument No. [____], in the amount of $[____], pursuant to Va. Code §§ 43-4 and 43-5.

The lien secures payment for labor performed and/or materials furnished in connection with the improvement of your property. A true and correct copy of the recorded Memorandum is enclosed.

If payment is not received, the undersigned intends to commence suit to enforce the lien within the time required by Va. Code § 43-17 (six months from recording or sixty days from completion/termination, whichever is later).

Sincerely,

[CLAIMANT NAME], by [SIGNER NAME, TITLE]
[ADDRESS, PHONE, EMAIL]

Enclosure: Recorded Memorandum for Mechanic's Lien.

Part D — Suit to Foreclose

CIRCUIT COURT FOR [____] COUNTY/CITY, VIRGINIA

Case No.: [____]
COMPLAINT TO ENFORCE MECHANIC'S LIEN

Complainant, by counsel, files this Complaint pursuant to Va. Code §§ 43-17 and 43-22 and alleges:

Parties, Jurisdiction, and Venue

1. Complainant is a [entity type] with its principal office at [ADDRESS], holder of contractor license No. [____] (if applicable).
2. Respondent [OWNER] is the record owner of certain real property located at [PROPERTY ADDRESS], [____] County/City, Virginia, more particularly described on Exhibit A.
3. Respondent [GENERAL CONTRACTOR] was the general contractor for improvements to the Property.
4. Venue and jurisdiction are proper in this Court under Va. Code §§ 8.01-261 and 43-22 because the Property is situated in this jurisdiction.

Facts

5. On [__/__/____], Complainant entered into a [written/oral] contract with [CONTRACTING PARTY] to furnish [DESCRIPTION] for the improvement of the Property.
6. Complainant first furnished labor/materials on [__/__/____] and last furnished labor/materials on [__/__/____] (last day of that month: [__/__/____]).
7. Complainant performed all work in a good and workmanlike manner; the value remaining unpaid is $[____].
8. [If subcontractor/supplier:] On [__/__/____], Complainant served a Notice to Owner pursuant to Va. Code § 43-11.
9. On [__/__/____], within 90 days of the last day of the month in which Complainant last performed labor or furnished materials, and within 6 months of completion/termination of the work, Complainant recorded a Memorandum for Mechanic's Lien substantially in the form prescribed by Va. Code § 43-5 with the Clerk of the Circuit Court for [____] County/City, at Deed Book [____], Page [____].
10. The Memorandum claims only labor and materials furnished within 150 days preceding the last day of the month in which Complainant last performed labor or furnished materials, in compliance with Va. Code § 43-4.

Count I — Enforcement of Mechanic's Lien

11. Complainant repeats the foregoing allegations.
12. Complainant has perfected a valid mechanic's lien against the Property and is entitled to a decree directing sale of the Property and application of the proceeds to satisfaction of the lien in the amount of $[____], plus interest from [__/__/____], costs, and attorneys' fees as permitted by Va. Code § 43-23.1.

Count II — Breach of Contract (against [CONTRACTING PARTY])

13. Complainant repeats the foregoing allegations.
14. [CONTRACTING PARTY] breached the contract by failing to pay $[____] when due, causing direct damages in that amount.

Prayer for Relief

WHEREFORE, Complainant prays:

a. That the Court adjudicate the validity, priority, and amount of Complainant's mechanic's lien against the Property;
b. That the Property be sold and the proceeds applied to satisfaction of the lien;
c. That Complainant be awarded judgment against [CONTRACTING PARTY] for $[____] plus interest and costs;
d. That Complainant be awarded reasonable attorneys' fees pursuant to Va. Code § 43-23.1 and Va. Code § 8.01-271.1, if applicable;
e. For such other and further relief as equity requires.

[ATTORNEY NAME, VSB NO.]
[FIRM, ADDRESS, PHONE, EMAIL]
Counsel for Complainant
Date: [__/__/____]

File Notice of Lis Pendens (Va. Code § 43-17.1 / 8.01-268) with the Clerk of the Circuit Court concurrently with the Complaint.

Part E — Pre-Filing Checklist

☐ Confirm claimant is licensed where required (DPOR Class A/B/C; § 54.1-1100 et seq.)
☐ Confirm written contract (or verifiable oral contract) and contract amount
☐ Identify last day of the month in which labor/material last furnished
☐ Calendar 90-day Memorandum deadline AND 6-month outer limit from completion
☐ Apply 150-day lookback rule: include only labor/material from 150 days before last day of last month worked
☐ Confirm correct Clerk's Office (county or independent city)
☐ Confirm Owner of record (current title search recommended)
☐ For sub/supplier: serve Notice to Owner under § 43-11 before recording (to fix the lien fund)
☐ Prepare Memorandum substantially in § 43-5 form (correct caption for tier of claimant)
☐ Have Memorandum signed and affidavit executed before notary
☐ Record original Memorandum with Circuit Court Clerk and obtain Book/Page or Instrument No.
☐ Promptly serve copy of recorded Memorandum on Owner (and GC if applicable)
☐ Calendar § 43-17 enforcement deadline: later of 6 months from recording OR 60 days from completion/termination
☐ Prepare Complaint and Notice of Lis Pendens (§ 43-17.1) for concurrent filing
☐ Confirm not barred by "no-lien" provision in subcontract that complies with § 43-3
☐ Confirm work was for improvements permanently annexed to the freehold
☐ Confirm amount excludes any items previously waived or paid

Sources and References

• Va. Code § 43-4 (Perfection of lien): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-4/
• Va. Code § 43-5 (Form of memorandum): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-5/
• Va. Code § 43-7 (Perfection by subcontractor): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-7/
• Va. Code § 43-9 (Perfection by laborers and materialmen): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-9/
• Va. Code § 43-11 (Notice to owner): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-11/
• Va. Code § 43-17 (Limitation on suit): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-17/
• Va. Code § 43-23.1 (Attorneys' fees): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-23.1/
• Virginia's Judicial System — Circuit Courts: https://www.vacourts.gov/courts/circuit/home.html