Pre-lien Notice / Notice to Owner - Virginia

VIRGINIA PRE-LIEN NOTICE / NOTICE TO OWNER

Use only the notice part that matches the claimant's tier and project. These notices serve different purposes and are not interchangeable.

1. Select the Notice

☐ Part A — Notice to Mechanics' Lien Agent. Use for a one- or two-family residential dwelling unit when the building permit identifies a mechanics' lien agent. Va. Code § 43-4.01.

☐ Part B — Subcontractor Notice to Owner. Use when the claimant contracted with the general contractor and must notify the owner or the owner's agent of the amount and character of the claim. Va. Code § 43-7.

☐ Part C — Lower-Tier Notice. Use when the claimant furnished labor or materials for a subcontractor and must notify both the owner or the owner's agent and the general contractor or the general contractor's agent. Va. Code § 43-9.

Important: Va. Code § 43-11 has a separate two-notice procedure for imposing personal liability on an owner or general contractor. This form does not, by itself, complete that procedure.

2. Project and Claimant Information

Claimant name: [________________________________]

Mailing address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Virginia contractor license or certificate number, if any: [________________________________]

License/certificate issue date: [__/__/____]

License/certificate expiration date: [__/__/____]

Property address: [________________________________]

Property description as shown on building permit, if Part A: [________________________________]

Building permit number, if Part A: [________________________________]

Owner: [________________________________]

General contractor: [________________________________]

Party with whom claimant contracted: [________________________________]

First date labor was performed or materials were furnished: [__/__/____]

Date building permit was issued: [__/__/____]

Description of labor or materials:

[____________________________________________________________]

Amount claimed: $[________________________________]

3. Part A — Notice to Mechanics' Lien Agent

TO: [MECHANICS' LIEN AGENT NAME]

MAILING ADDRESS: [________________________________]

NOTICE SEEKING PAYMENT UNDER VA. CODE § 43-4.01

The claimant identified above gives notice that it seeks payment for labor performed or materials furnished for the property identified above.

The claimant's name, mailing address, telephone number, contractor license or certificate information, building permit number, and the property description shown on the building permit are stated in Section 2.

Amount currently unpaid, if known: $[________________________________]

Additional description, if needed: [________________________________]

Part A Timing and Delivery

• If the claimant first performed labor or furnished materials after the permit was issued, give notice within 30 days of the first furnishing date.
• If the claimant first performed labor or furnished materials before the permit was issued, give notice within 30 days after the permit was issued.
• Late notice does not necessarily eliminate the lien, but the lien is limited to labor performed or materials furnished on or after the notice date.
• Section 43-4.01 permits registered mail, certified mail, or physical delivery. Retain a return receipt, delivery receipt, or written carrier evidence of delivery or delivery refused.
• Section 43-4.01(C) contains a statutory exception; counsel must confirm whether it applies to the claimant.

4. Part B — Subcontractor Notice to Owner

TO: [OWNER OR OWNER'S AGENT]

ADDRESS: [________________________________]

NOTICE OF AMOUNT AND CHARACTER OF CLAIM UNDER VA. CODE § 43-7

The claimant is a subcontractor that contracted with [GENERAL CONTRACTOR NAME] for the labor or materials described in Section 2.

The claimant gives written notice of the following claim against the property:

Character of claim: [________________________________]

Amount of claim: $[________________________________]

The amount for which a subcontractor may perfect a lien is limited by Va. Code § 43-7 to the amount in which the owner is indebted to the general contractor when this notice is given or later becomes indebted under the owner's contract with the general contractor.

5. Part C — Lower-Tier Notice

TO OWNER OR OWNER'S AGENT: [________________________________]

ADDRESS: [________________________________]

AND TO GENERAL CONTRACTOR OR AGENT: [________________________________]

ADDRESS: [________________________________]

NOTICE OF AMOUNT AND CHARACTER OF CLAIM UNDER VA. CODE § 43-9

The claimant furnished labor or materials for [SUBCONTRACTOR NAME]. The claimant gives the owner or the owner's agent and the general contractor or the general contractor's agent written notice of the following claim:

Character of claim: [________________________________]

Amount of claim: $[________________________________]

The amount of a lower-tier lien cannot exceed the amount for which the subcontractor could claim a lien under Va. Code § 43-7.

6. Signature

I certify that the factual information stated in this notice is true and correct to the best of my knowledge.

Claimant: [________________________________]

By: ____________________________________

Printed name and title: [________________________________]

Date: [__/__/____]

7. Delivery Record

Section 43-4.01 specifies delivery methods for Part A. Sections 43-7 and 43-9 require written notice but do not state a delivery method in those sections. Obtain legal review of timing, recipients, and proof of delivery.

☐ Registered mail

☐ Certified mail

☐ Physical delivery

☐ Other method approved by counsel: [________________________________]

Recipient: [________________________________]

Date sent or delivered: [__/__/____]

Tracking or receipt number: [________________________________]

Evidence retained: [________________________________]

8. Related Lien Deadlines

Under Va. Code § 43-4, a memorandum generally must be filed no later than 90 days from the last day of the month in which the claimant last performed labor or furnished materials and, in all events, no later than 90 days after completion or termination of the building, structure, or work. A memorandum generally may not include sums for labor or materials furnished more than 150 days before the last furnishing to the job preceding that memorandum, subject to the statute's retainage and contingent-payment provisions.

Sources and References

• Va. Code § 43-4
• Va. Code § 43-4.01
• Va. Code § 43-7
• Va. Code § 43-9