Every state gives contractors, subcontractors, and suppliers some form of lien right when they aren’t paid for work that improves real property. But Virginia’s version of this tool stands out from most other states in several important ways. If you do construction work in the Commonwealth — or own property that’s being built or renovated — understanding these quirks can make a big difference.
Link to 1. Where do I find Virginia’s mechanic’s lien law? 1. Where do I find Virginia’s mechanic’s lien law?
The Virginia mechanic’s lien statute is found in Title 43 of the Code of Virginia. There you will find details like who is entitled to a lien, to what the lien attaches, and how and when to perfect it. In addition to the text of the statute itself, there are judicial opinions interpreting the statute, i.e., the common law.
Link to 2. Strict Compliance, Not “Close Enough” 2. Strict Compliance, Not “Close Enough”
One of the most distinctive features of Virginia lien law is how unforgiving it can be. Virginia courts strictly construe the statutes governing mechanic’s liens, and even a minor error can compromise the entire lien. Some states apply a more forgiving “substantial compliance” standard, but Virginia does not. Due to Virginia’s strict compliance standard, it is a good idea to run a title search and allow yourself extra time in the preparation process to do so.
Link to 3. Two Separate, Overlapping Deadlines 3. Two Separate, Overlapping Deadlines
Virginia doesn’t give claimants a single filing deadline. Rather, it layers two different time rules on top of each other, and both must be satisfied.
The 90-day filing deadline. A memorandum of lien must be filed no later than 90 days from the last day of the month in which the claimant last performed labor or furnished material, and in no event later than 90 days from the time the building, structure, or railroad is completed or the work otherwise terminated. That “last day of the month” language is unusual and effectively gives claimants a small grace period beyond their actual last day of work, unless the whole project has wrapped up, in which case the clock starts immediately.
The 150-day look-back rule. Virginia law caps how far back a single memorandum can reach: no memorandum may include sums due for labor or materials furnished more than 150 days before the last day the claimant worked on the job, counting backward from the filing. Critically, this isn’t a simple math problem and including amounts outside the 150-day window can invalidate the entire lien, not just the excess portion. Contractors on long jobs sometimes have to file multiple sequential liens just to stay inside this window, since the statute expressly allows a claimant to file any number of memoranda.
There’s a narrow exception for money that isn’t really “late” in the ordinary sense: retainage up to 10% of the contract price, and sums not yet due because payment hasn’t flowed down from the owner fall outside the 150-day restriction.
Link to 4. A Short Fuse to Actually Enforce the Lien 4. A Short Fuse to Actually Enforce the Lien
Recording the lien is only step one. Virginia also imposes a tight window to sue to enforce it. The action to enforce the lien must be filed “six months from the time when the memorandum of lien was recorded or [within] 60 days from the time the building structure or railroad was completed or work thereon otherwise terminated, whichever time shall last occur …” Miss that window, and the recorded lien may be unenforceable even though it’s still sitting in the land records.
Link to 5. Sworn Verification Is Mandatory 5. Sworn Verification Is Mandatory
Virginia doesn’t just want a lien memorandum on file — it wants it under oath. The memorandum must include an affidavit executed by the lien claimant or an agent, verifying the amount claimed and the intent to claim the benefit of the lien. This sworn-statement requirement adds a layer of formality (and personal exposure for false claims) that not every state’s lien form demands.
Link to 6. Necessary Parties Are Interpreted Broadly 6. Necessary Parties Are Interpreted Broadly
When it comes time to enforce a lien in court, Virginia casts a wide net over who must be named as a defendant. Courts have interpreted “necessary parties” broadly, so that any party with even a reasonable basis for an interest in the property or the lien should be named in the enforcement suit.
Link to The Takeaway The Takeaway
Virginia’s mechanic’s lien statute requires precise compliance. The 90-day filing deadline and 150-day look-back window operate independently and must both be tracked from day one of a project, not just when payment problems start. Add in strict construction of the requirements to perfect a lien, a compressed enforcement timeline, and a sworn-verification mandate, and it’s easy to see why even experienced contractors bring in construction counsel before filing. The upside is that a properly perfected Virginia mechanic’s lien is a strong tool to secure payment.