Mechanic's Lien Deadlines in Virginia
Virginia's Code Title 43 requires a general contractor to record a memorandum of lien not later than 90 days from the last day of the month in which labor was last performed, and to sue to enforce within the period set by Section 43-17.
Virginia mechanic's lien rights are governed by Title 43 of the Code of Virginia. The statute identifies who may claim a lien, sets notice obligations for subcontractors, fixes a 90-day window to record the memorandum of lien, and limits the time to bring suit to enforce the lien.
Filing and enforcing a mechanic's lien in Virginia
Under Va.
That memorandum cannot include sums due for labor or materials furnished more than 150 days prior to the last day on which labor was performed or material furnished. 1
A subcontractor must comply with the perfection requirements and, in addition, give notice in writing to the owner of the property or his agent of the amount and character of his claim. 2
For one- or two-family residential dwelling units, the building permit issued under the Uniform Statewide Building Code must be conspicuously and continuously posted on the property until all work is completed. 3
Lien rights may be waived, but a general contractor, subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish lien rights in a contract in advance of furnishing any labor, services, or materials. 4
Sources
Under Va. Code 43-4, no memorandum filed under the chapter may include sums due for labor or materials furnished more than 150 days prior to the last day on which labor was performed or material furnished.
Under Va. Code 43-7, a subcontractor must comply with Va. Code 43-4 and, in addition, give notice in writing to the owner of the property or his agent of the amount and character of his claim.
Under Va. Code 43-4.01, the building permit for any one- or two-family residential dwelling unit issued under the Uniform Statewide Building Code must be conspicuously and continuously posted on the property until all work is completed.
Under Va. Code 43-3(C), a general contractor, subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights in a contract in advance of furnishing any labor, services, or materials.
Frequently asked questions
- How long do I have to record a memorandum of mechanic's lien in Virginia?
- Under Va. Code 43-4, a general contractor must file the memorandum of lien not later than 90 days from the last day of the month in which he last performs labor or furnishes material, and in no event later than 90 days from the time the building, structure, or railroad is completed or the work is otherwise terminated.
- How long do I have to file suit to enforce the lien?
- Under Va. Code 43-17, no suit to enforce the lien may be brought after six months from the time the memorandum of lien was recorded or after sixty days from the time the building, structure, or railroad was completed or the work otherwise terminated, whichever time shall last occur.
- Do subcontractors have to give notice to the owner?
- Yes. Under Va. Code 43-7, a subcontractor must comply with the perfection requirements of Va. Code 43-4 and, in addition, give written notice to the owner or his agent of the amount and character of his claim.
- Can mechanic's lien rights be waived in advance in Virginia?
- Under Va. Code 43-3(C), a general contractor, subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish lien rights in a contract executed in advance of furnishing any labor, services, or materials, and such a provision is null and void.
Last reviewed August 4, 2026
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.