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Virginia Construction or Mechanics Lien Package - Corporation or LLC

Virginia Construction or Mechanics Lien Package - Corporation or LLC

Category:

Liens - Construction - Mechanics

State:

Virginia

Control #:

VA-P091A-PKG

Format:

Instant download

Definition and meaning

The Virginia Construction or Mechanics Lien Package is a set of legal documents designed for corporations or LLCs engaged in construction activities. This package allows contractors and subcontractors to secure payment for labor, materials, or services provided to a property. A mechanics lien gives a construction professional a legal claim against the property until the owed payments are made.

Who should use this form

This form is intended for use by contractors, subcontractors, and construction professionals working under a corporate structure or as an LLC in Virginia. It is crucial to have this package when there are disputes regarding payment for services rendered or materials supplied. It can also be utilized by other construction stakeholders, such as suppliers, seeking to enforce their rights.

Key components of the form

The Virginia Construction or Mechanics Lien Package includes several important forms:

Memorandum of Mechanic's Lien Claimed by General Contractor
Memorandum for Mechanic's Lien - Subcontractor Section 43-5
Notice of Contract to Provide Labor and Materials
Certificate of Release of Mechanic's Lien

Each component serves a specific purpose in the lien process, enabling the secured collection of due payments from property owners.

How to complete a form

Completing the forms in the Virginia Construction or Mechanics Lien Package involves the following steps:

Gather necessary information, including property details, contractor and owner names, and the amount owed.
Fill out each form accurately, ensuring that all required sections are completed.
Review the forms for any errors or omissions.
File the forms with the appropriate court or agency as per Virginia regulations.

It is essential to follow these steps carefully to ensure that the lien is valid and enforceable.

Common mistakes to avoid when using this form

When using the Virginia Construction or Mechanics Lien Package, be aware of these common pitfalls:

Failing to provide accurate and complete information, which can lead to delays or rejections.
Not filing the forms within the allowed time frame to establish a lien.
Overlooking the need for notarization or proper witnessing.

Avoiding these mistakes will enhance the effectiveness of your lien claim and protect your rights.

State-specific requirements

Virginia has specific legal requirements that must be adhered to when utilizing the Construction or Mechanics Lien Package:

Forms must comply with the Virginia Code, particularly §§ 43-1 to 43-20.
Timely filing is crucial; liens must be recorded within 90 days of completing the work or providing materials.
Notices must be sent to property owners, lien agents, and general contractors as applicable.

It is important to familiarize yourself with these requirements to ensure your forms are legally enforceable.

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FAQ

1Who you are.2The services or materials you provided.3The last date you provided the services or materials.4How much payment should be.5The date on which you will file a lien if you do not receive payment.6How the debtor should pay.

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Virginia Construction or Mechanics Lien Package - Corporation or LLC

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 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 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 line through use of a bond.

Virginia Construction or Mechanics Lien Package - Corporation or LLC

Virginia Construction or Mechanics Lien Package - Corporation or LLC

Definition and meaning

Who should use this form

Key components of the form

How to complete a form

Common mistakes to avoid when using this form

State-specific requirements

Related forms

Viewed forms

Form popularity

FAQ

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