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 Supporting Lien Perfection (Subcontractors and Lower-Tier Claimants)

NOTICE OF AMOUNT AND CHARACTER OF CLAIM PURSUANT TO §§ 43-7 AND 43-9

[Date: __/__/____]

To Owner or Owner's Agent: [OWNER / AGENT NAME AND ADDRESS]

And, if claimant furnished labor or materials for a subcontractor, to General Contractor or Agent: [GC / AGENT NAME AND ADDRESS]

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

YOU ARE HEREBY NOTIFIED that [CLAIMANT NAME] furnished labor and/or materials for the improvement of the above-described property under a contract or order with [GENERAL CONTRACTOR / SUBCONTRACTOR NAME].

Character of claim: [DESCRIPTION OF LABOR OR MATERIALS]

Amount of claim: $[____]

A subcontractor's lien under § 43-7 cannot exceed the amount in which the owner is indebted to the general contractor when this notice is given or later becomes indebted under that contract. A lower-tier claimant under § 43-9 must notify both the owner or agent and the general contractor or agent, and cannot claim more than the subcontractor could claim under § 43-7.

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

Sections 43-7 and 43-9 require written notice but do not specify a delivery method in those sections. Obtain legal review and preserve proof of delivery.

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

MEMORANDUM FOR MECHANIC'S LIEN — SELECT AND FOLLOW THE CORRECT STATUTORY FORM FOR THE CLAIMANT'S TIER

(General contractor: Va. Code §§ 43-4 and 43-5; subcontractor: §§ 43-7 and 43-8; lower-tier claimant: §§ 43-9 and 43-10. Do not combine the forms.)

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 the memorandum is being filed no later than 90 days from the last day of the month in which labor was last performed or material last furnished and no later than 90 days after the building or structure was completed or the work 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 § 43-7 subcontractor or § 43-9 lower-tier claimant:] On [__/__/____], Complainant gave the notice of amount and character of claim required by Va. Code § [43-7 / 43-9] to [REQUIRED RECIPIENTS].
9. On [__/__/____], within 90 days of the last day of the month in which Complainant last performed labor or furnished materials, and no later than 90 days after 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 does not include sums for labor or materials furnished more than 150 days before Complainant's last furnishing to the job preceding the Memorandum, except as permitted by 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 seeks a decree directing sale of the Property and application of the proceeds to satisfaction of the lien in the amount of $[____], plus interest from [__/__/____] and recoverable costs.

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 any attorneys' fees or sanctions authorized by a contract or other specifically applicable law, including Va. Code § 8.01-271.1 only if its requirements are established;
e. For such other and further relief as equity requires.

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

Counsel should separately determine whether a memorandum of lis pendens is authorized and useful under Va. Code § 8.01-268. Section 43-17.1 instead authorizes a good-cause hearing on the validity of a perfected lien; it is not a lis-pendens statute.

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 deadline from last day of month of last furnishing AND 90-day outer limit from completion/termination
☐ Apply § 43-4 inclusion rule measured from the last furnishing to the job preceding the memorandum
☐ Confirm correct Clerk's Office (county or independent city)
☐ Confirm Owner of record (current title search recommended)
☐ For § 43-7 subcontractor or § 43-9 lower-tier claimant: give notice of amount and character to every required recipient
☐ Prepare the tier-specific Memorandum and notice substantially in § 43-5, § 43-8, or § 43-10 form
☐ 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 the enforcement complaint; separately assess any authorized memorandum of lis pendens under § 8.01-268
☐ Disregard any advance contractual waiver or diminution of lien rights made before labor, services, or materials were furnished; § 43-3(C) makes such a provision null and void
☐ 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 § 43-8 (Subcontractor memorandum, affidavit, and notice form): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-8/
• Va. Code § 43-9 (Perfection by laborers and materialmen): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-9/
• Va. Code § 43-10 (Lower-tier memorandum, affidavit, and notice form): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-10/
• Va. Code § 43-17 (Limitation on suit): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-17/
• Va. Code § 43-17.1 (Good-cause hearing on lien validity): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-17.1/
• Va. Code § 43-23.1 (Forfeiture for intentionally including unperformed work or unfurnished materials): https://law.lis.virginia.gov/vacode/title43/chapter1/section43-23.1/
• Va. Code § 8.01-268 (Memorandum of lis pendens; record notice and filing limits): https://law.lis.virginia.gov/vacode/title8.01/chapter7/section8.01-268/
• Virginia's Judicial System — Circuit Courts: https://www.vacourts.gov/courts/circuit/home.html