Mechanics Lien Deadlines in Virginia
In Virginia, a memorandum of lien must be filed within 90 days from the last day of the month in which the claimant last furnished labor or materials (and no later than 90 days after completion), a notice to the mechanics' lien agent is required only on certain one or two family homes, and suit must be filed within 6 months after recording or 60 days after completion, whichever is later.
Last checked . General information, not legal advice.
Virginia at a glance
- Deadline to record lien
- 90 days from end of month of last work
- Counted from the last day of the month of last work, and in no event later than 90 days after the structure is completed or work terminated.
- Preliminary notice required
- Yes in some cases (some 1 to 2 family homes)
- If a mechanics' lien agent is named on the building permit for a one or two family dwelling, most claimants must notify that agent within 30 days of first furnishing (or of permit issuance).
- Deadline to enforce lien
- 6 months after recording or 60 days after completion
- Whichever time occurs last.
The rules in Virginia
How long does a contractor have to file a mechanics lien in Virginia?
Deadline to record lien in Virginia: 90 days from end of month of last work. Counted from the last day of the month of last work, and in no event later than 90 days after the structure is completed or work terminated.
Is a preliminary notice required before filing a mechanics lien in Virginia?
Yes in some cases (some 1 to 2 family homes). Preliminary notice required in Virginia: yes in some cases (some 1 to 2 family homes). If a mechanics' lien agent is named on the building permit for a one or two family dwelling, most claimants must notify that agent within 30 days of first furnishing (or of permit issuance).
How long do you have to foreclose a mechanics lien in Virginia?
Deadline to enforce lien in Virginia: 6 months after recording or 60 days after completion. Whichever time occurs last.
Where do the Virginia mechanics lien deadlines come from?
The rules above come from Va. Code 43-4, Va. Code 43-4.01 and Va. Code 43-17. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
Deadlines often differ by role. The period for a general contractor who dealt directly with the owner can be different from the period for a subcontractor or supplier, and residential projects can have their own rules. Check which category fits before relying on a single number.
The event that starts the clock matters as much as the length of the period. Depending on the statute, it can be the last day labor or materials were furnished, completion of the project, or the recording of a notice of completion or commencement by the owner. Keeping dated records of the last work performed helps establish the start date.
Recording a lien is not the end of the process. If the debt is not paid, the claimant generally has to file a lawsuit to foreclose the lien within the enforcement period, or the lien expires. When the debt is paid, the owner will usually want a signed lien release recorded so the title is clear.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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