Virginia Mechanics Lien Laws

State:
Virginia
Control #:
VA-P091-PKG
Format:
Word; 
Rich Text; 
PDF
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Description

The Virginia mechanics lien laws provide essential legal protections for contractors, allowing them to secure payment for services, materials, or equipment provided to a property. This Construction Lien Forms Package includes various forms tailored for contractors operating as sole proprietors. Key forms in the package include the Memorandum of Mechanic's Lien for both general contractors and subcontractors, and the Certificate of Release of Mechanic's Lien, which ensure compliance with Virginia statutory requirements. Each form serves a distinct purpose, such as notifying property owners about claims or releasing liens upon payment. The instructions emphasize completing the forms clearly, either digitally or by hand. It is designed to assist legal professionals, including attorneys, paralegals, and associates, by simplifying the process of enforcing lien rights. Legal assistants and owners can also benefit by understanding the steps necessary to protect their financial interests in construction projects. Overall, the package serves as a comprehensive resource for all parties involved in the contracting process, offering necessary documentation to uphold their rights under Virginia law.
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  • Preview Virginia Construction or Mechanics Lien Package - Individual
  • Preview Virginia Construction or Mechanics Lien Package - Individual
  • Preview Virginia Construction or Mechanics Lien Package - Individual
  • Preview Virginia Construction or Mechanics Lien Package - Individual
  • Preview Virginia Construction or Mechanics Lien Package - Individual

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FAQ

Virginia strictly adheres to the 150-day rule for mechanic's liens. The 150-day rule requires that no amounts be included in a mechanic's lien for labor or materials furnished more than 150 days prior to the last date the claimant furnished labor or material to the project.

A mechanic's lien is a statutory lien secured by real or personal property for labor or materials used to improve, maintain, or repair property. The mechanic's lien provides a security interest that can be enforced by the holder against the piece of property if the debt is not paid.

There is a ?defense of payment? in Virginia. Consequently, the owner is only required to pay for the project once. The owner can keep making legitimate payments until receipt of notice of a mechanic's lien from a subcontractor. If the owner has already paid once for the project, all mechanic's liens will fail.

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 90 days from the last day of the ...

A mechanic's lien is a "hold" against real property that, if unpaid, allows a foreclosure action, forcing the sale of your property. It is recorded with the County Recorder's office by the unpaid contractor, subcontractor or supplier.

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Virginia Mechanics Lien Laws