Frequently Asked Questions - Virginia Mechanics Lien
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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.
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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.
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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.
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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.
Further, under Virginia statute, the construction lien may only include labor or materials furnished within 150 days from the last date labor was performed or materials provided to the project. Accordingly, while the statute allows a lien claimant 90 days from your last day of the month in which work or materials were provided in which to file a lien, that lien may only include the value of the labor or materials that were furnished within the prior 150 days. Retainage is excluded from the 150 day limitation by statute.
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How much does it cost to file a Virginia mechanics' lien Claim?
LienItNow.com prepares and files Virginia mechanics' liens for a fee of $290.00.
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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.
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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.
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What is a Virginia Stop Notice and why should it be filed
LienItNow.com prepares and serves Virginia Stop Notices for a fee of $125.00. 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.
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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 $250.00. 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.
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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 $85.00. 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.
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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 $85.00. 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.
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Can I file a Bond Claim on a Virginia Project?
LienItNow.com prepares, files and serves Virginia Bond Claims for a fee of $275.00. 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.
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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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