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The ABC's of Virginia Mechanic's Liens on Commercial Projects

Written by: Christopher Garrett Hill

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Posted over 2 years ago. Applies to Virginia, 2 helpful votes, 0 comments

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90 Day Rule

Make sure that you file the lien within 90 days of the last day of the last month in which you perform work. The exception- 90 days from the last date of work if that's sooner

150 Day rule

You can only "catch" money earned for work within a 150 day "look back" from the date of the lien or last date of work. Including too much in the lien can get it invalidated.

Property Description

Make sure you perform a title search for the correct ownership and property description.

Include all "upstream" contractors on the lien

This includes the General Contractor and the Owner

Description of the "Work"

Make sure your work description is correct.

Notice of Filing

Make sure you provide a mechanic's lien notice to the Owner and General Contractor.

6 Months to Enforce

In order to enforce the lien and keep your right to foreclose alive, you need to file a suit in Circuit Court within 6 months of the date of the lien filing.