Quirks That Make Virginia’s Mechanic’s Lien Law One of a Kind

Picture this: Your crew wraps up a renovation, invoices go out and then … nothing. The client stops returning calls, and the check never comes. For many construction business owners, this is the moment they first learn about mechanic’s liens: a legal tool that lets contractors, subcontractors and suppliers stake a claim against the property they worked on until they’re paid. It’s a powerful remedy that attaches to the property itself. If left unresolved, the property owner may be unable to sell or refinance, and the lien holder may be able to foreclose on the property to satisfy the debt. But it’s only a powerful tool if it’s used correctly.

Every state gives contractors, subcontractors and suppliers some form of lien right when they aren’t paid for work that improves real property. Virginia recognizes that right too, but the way it’s structured sets the commonwealth apart. The filing rules are tighter, the deadlines overlap in ways that trip up even careful project managers and the margin for error is thin. Whether you’re a general contractor juggling multiple jobsites, a subcontractor waiting on an overdue payment or a property owner watching a renovation unfold, understanding these quirks before a dispute arises — not after — can be the difference between getting paid and eating the loss.

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 the answers to the basic questions every business owner eventually needs answered: who is entitled to file a lien, what property the lien attaches to, and how and when to perfect it. But reading the statute is only half the job. 

In addition to the text of the statute itself, there are judicial opinions interpreting the statute, i.e., the common law.

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, which means the law is applied exactly as written, with little tolerance for good-faith mistakes. 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 the 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. For a contractor who has already absorbed the cost of unpaid labor and materials, losing lien rights over a technicality can feel like a second financial blow. That is exactly why it is worth building extra time into the process to run a title search, confirm the correct property owner and legal description, and have someone familiar with the statute review the memorandum before it is recorded.

2 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 at once. 

For a contractor managing several jobs at different stages, that means keeping two separate clocks running simultaneously for every project where payment is even slightly in question.

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 it works in the claimant’s favor: It effectively rounds up to give claimants a small grace period beyond their actual last day of work. But that grace period disappears the moment the whole project wraps up, at which point the 90-day clock starts immediately, regardless of when any individual claimant last touched the job. For subcontractors and suppliers who may not always know when a general contractor considers a project “complete,” that distinction is worth asking about directly and early, rather than assuming there is more runway than there actually is.

The 150-Day Look-Back Rule

Virginia law also 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. This is where the strict-compliance problem becomes especially dangerous. Including amounts outside the 150-day window doesn’t just shrink the lien to what is still within bounds — it can invalidate the entire lien, not just the excess portion. For contractors on long jobs, that risk has a practical fix: The statute expressly allows a claimant to file any number of memoranda, so filing multiple sequential liens over the life of a lengthy project is often the safer path to staying inside the window, rather than waiting and hoping one filing at the end will cover everything.

There is a narrow exception for money that isn’t really “late” in the ordinary sense. Retainage — up to 10% of the contract price — and sums that aren’t yet due because payment hasn’t flowed down from the owner both fall outside the 150-day restriction. That distinction matters for contractors who negotiate retainage into their contracts specifically to protect cash flow on long projects, since it means those held-back funds aren’t penalized by the look-back clock the way ordinary overdue invoices are.

A Short Fuse to Actually Enforce the Lien

Recording the lien is only step one, and it is easy for a business owner to breathe a sigh of relief once the memorandum is filed and assume the hard part is over. It isn’t. Virginia also imposes a tight window to sue to enforce the lien in court. The action to enforce 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 lien becomes unenforceable even though it is still sitting in the land records, creating a false sense of security for anyone who assumes a recorded lien alone guarantees payment. In practice, the enforcement deadline needs to go on the same calendar as the filing deadline, tracked from the day the lien is recorded, not from whenever settlement talks with the nonpaying party eventually stall out.

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 that not every state’s lien law demands, and it cuts both ways. 

On one hand, it gives the lien more credibility in court. On the other, a contractor who overstates the amount owed or files against the wrong property isn’t just risking the lien itself — they are risking personal exposure for a false sworn statement. That is a strong argument for keeping billing records, change orders and payment histories current and well organized throughout a project, rather than reconstructing them under pressure once a dispute has already started.

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.

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 1 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.

What If You Messed Up?

So, what happens if you missed a deadline, didn’t include all the required information, or otherwise failed to perfect your lien? The bad news is that you won’t have lien rights against the property. The good news is that you probably still have one or more claims that you can bring against the person or entity that broke their promise or benefited from the fruits of your labor. While those claims may not attach directly to the property, they do provide an independent basis to recover that is in addition to your lien rights. Just know that those claims have their own set of deadlines and filing requirements, so you would be well-advised to consult with an attorney to decide the best course of action.