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Virginia Mechanics Lien Frequently Asked QuestionsVirginia Lien Documents are Easy to File with LienItNow.com  What is a Virginia mechanics' lien Claim?In Virginia, liens filed on private
properties are known as
mechanics' liens . A
Virginia mechanics lien that is filed with
regard to work performed
on privately owned
property attaches to and
encumbers the fee simple
ownership of property. Who can file a Virginia mechanics' lien Claim?All persons providing
labor or materials worth $50 or more
for the construction,
repair, or improvement
or removal of any
permanent building or
structure next to real
estate or railroad is
entitled to file a
Virginia mechanics' lien . Architects are
also entitled to
Virginia mechanics' lien rights. Are pre-lien notices for a Virginia mechanics' lien Claim required?Pre-lien notices are required
in certain
circumstances. A
subcontractor may pursue
personal liability
against an owner under
Virginia's mechanics' lien
statute. In order
to do so, a
subcontractor must give
notice to an owner or
its agent and file an
affidavit verifying the
amount due within thirty
(30) days from the time
that the structure or
project is completed.
The same would be true
for a sub-subcontractor
attempting to assert
personal liability
claims against a general
contractor.
An owner is permitted by
statute to designate a
mechanics' lien agent
when a building permit
is issued. Notice must
be given to the agent
within thirty (30) days
of the first date that
the materialmen perform
labor or furnish
material to the building
or structure or within
thirty (30) days of the
date a building permit
is issued if such labor
or material are first
performed or furnished
by such person before
the issuance of the
building permit. While
the failure to give
notice does not bar
recovery, a lien
claimant's recovery
would be limited to
value of the labor of
materials provided on or
after the date of that
the pre-notice is given
to the owner's agent. When should a Virginia mechanics' lien Claim be filed?
Under Virginia's
statute, a mechanics' lien must be filed by a
lien claimant within
90 days from
the last day of the
month in which the
claimant last performed
labor or furnished
material but in no event
later than 90 days
from the time such
building, structure, or
railroad is completed.
The 90 day
time period would also
begin to run from the
date of termination if
that situation occurs on
a project. How much does it cost to file a Virginia mechanics' lien Claim?LienItNow.com prepares and files Virginia
mechanics' liens for a
fee of $250.00. Do I need a written contract in order to file a Virginia Mechanics Lien Claim?No. Oral contracts are
sufficient to file a
mechanics' lien under
Virginia statute. How does filing a Virginia mechanics' lien Claim help me get my money?On a private project,
the Virginia mechanics' lien places an encumbrance on
the property that makes
it difficult to resell
or re-finance the
property without first
removing the lien. What is a Virginia Stop Notice and why should it be filed
LienItNow.com prepares and serves
Virginia Stop Notices for
a fee of $100.00.
A Stop Notice is a
notification that has
the ability to enhance
the effectiveness of a
mechanic's lien. A Stop
Notice, or a notice to
withhold funds, is sent
to the company that is
financing or funding the
construction funds for a
project. Once that
company receives the
Stop Notice, that
company has notice that
it should withhold
sufficient money to
satisfy the stop notice
claim. The purpose of
the Stop Notice is to
provide the lender,
financiers or funders of
the construction project
notice that there is
money owed to a
contractor,
subcontractor or
supplier so that an
inquiry can be made as
to why that money is not
being paid. What is a Virginia Amendment to a mechanics' lien Claim?LienItNow.com prepares, files and
serves Virginia
Amendments to mechanics' lien Claims for a fee of $225.00. Amendments to a
mechanics' lien claim
are often needed when
something about the
lien claim changes. Common
changes to a lien claim
are increases or
reductions in the amount
due to the lienor, or a
change to the last date
of work. When should a Virginia Discharge of mechanics' lien claim be filed?LienItNow.com prepares, files and
serves Virginia
Discharges of mechanics' lien Claims for a fee of
$75.00. Once the lienor
has been paid the amount
contained in its lien
claim, or has come to an
agreement that requires
the lien claim to be
removed from the
property records, a
Discharge of mechanics' lien Claim should be
filed. How much does it cost to file a Virginia Extension of a mechanics' lien Claim?LienItNow.com prepares, files and
serves extensions of
mechanics' lien Claims
for a fee of $75.00.
All lien claims expire
after a certain period
of time, and filing an
extension of the
mechanics' lien claim
prolongs the expiration
date. Virginia law,
however, does not permit
an extension of
mechanics' lien claims. Can I file a Bond Claim on a Virginia Project?LienItNow.com prepares, files and
serves Virginia Bond Claims for a fee of $250.00. Bond claims
can only be filed on a
project where the owner,
contractor or
subcontractor has
obtained a payment bond
to ensure that every
contractor receives
payment for the work
performed on the
Project. The payment
bonds issued by sureties
for construction
projects have specific
timing requirements, but
most require claimants
to submit claims against
the bond within sixty to
ninety days from the
claimants' last date of
work. Bond claims are as or
more effective than a
lien claim because the
payment bond acts as a
guarantee that payment
will be made for work
properly completed. Do I need to file a Pre-Notice to make a claim against a Virginia payment bond?LienItNow.com prepares, files and
serves Virginia
Pre-Notices for bond
claims for a fee of
$50.00. Depending on
the terms of the payment
bond, pre-notices may or
may not be required.
LienItNow.com recommends that, prior
to or immediately after
starting work or
delivering materials to
a project,
subcontractors and
suppliers, file a
pre-notice that it is a
potential beneficiary of
the construction
project's bond. |
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