Notice to Mechanic Lien Agent and Owner/Agent - Corporation
Note: This summary is not
intended to be an all inclusive discussion of Virginia's construction or
mechanic's lien laws, but does include basic provisions.
What is a construction or mechanic's lien?
Every State permits
a person who supplies labor or materials for a construction project to
claim a lien against the improved property. While some states differ
in their definition of improvements and some states limit lien claims to
buildings or structures, most permit the filing of a document with the
local court that puts parties interested in the property on notice that
the party asserting the lien has a claim. States differ widely in
the method and time within which a party may act on their lien. Also
varying widely are the requirements of written notices between property
owners, contractors, subcontractors and laborers, and in some cases lending
institutions. As a general rule, these statutes serve to prevent
unpleasant surprises by compelling parties who wish to assert their legal
rights to put all parties who might be interested in the property on notice
of a claim or the possibility of a claim. This by no means constitutes
a complete discussion of construction lien law and should not be interpreted
as such. Parties seeking to know more about construction laws in
their State should always consult their State statutes directly.
Who can claim a lien in this State?
All persons performing labor
or furnishing materials of the value of fifty dollars or more, for the
construction, removal, repair or improvement of any building or structure
permanently annexed to the freehold, and all persons performing any labor
or furnishing materials of like value for the construction of any railroad,
shall have a lien, if perfected as hereinafter provided, upon such building
or structure, and so much land therewith as shall be necessary for the
convenient use and enjoyment thereof, and upon such railroad and franchises
for the work done and materials furnished.
How long does a party have to claim a lien?
A general contractor,
or any other lien claimant under §§ 43-7 and 43-9, in order to
perfect the lien given by § 43-3, provided such lien has not been
barred by § 43-4.01 C, shall file a memorandum of lien at any time
after the work is commenced or material furnished, but not later than ninety
days from the last day of the month in which he last performs labor or
furnishes material, and in no event later than ninety days from the time
such building, structure, or railroad is completed, or the work thereon is
otherwise terminated.
How long is a lien good for?
No suit to enforce any lien
perfected under §§ 43-4, 43-5 and 43-7 to 43-10 shall be brought
after six months from the time when the memorandum of lien was recorded
or after sixty days from the time the building, structure or railroad was
completed or the work thereon otherwise terminated, whichever time shall
last occur; provided, however, that the filing of a petition to enforce
any such lien in any suit wherein such petition may be properly filed shall
be regarded as the institution of a suit under this section; and, provided
further, that nothing herein shall extend the time within which such lien
may be perfected.
Does this State require a notice prior to starting
work, or after work has been completed?
No. Virginia does
not require a Notice of Commencement or a Notice of Completion as required in some
other States.
Does this State permit a person with an interest
in property to deny responsibility for improvements?
No. Virginia law
does not have a provision that allows a property owner to deny responsibility
for improvements to property.
Is a notice attesting to the satisfaction of a
lien provided for or required?
While Virginia has no
specific provision for the Release of a mechanic's lien, please see form
VA-06-09 and VA-07-09 for standard forms used to release a lien.
Does this State permit the use of a bond to release
a lien?
Virginia law does not
contain a specific provision providing for the release of a lien through
the use of a bond.
