Winchester City Mechanics Lien Preliminary Notice Form

Winchester City Preliminary Notice to Owner Form
Fill in the blank form formatted to comply with all recording and content requirements.

Winchester City Preliminary Notice to Owner Guide
Line by line guide explaining every blank on the form.

Winchester City Completed Example of the Preliminary Notice to Owner Document
Example of a properly completed form for reference.
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Additional Virginia and Winchester City documents included at no extra charge:
Where to Record Your Documents
Winchester/Frederick Court Clerk
Winchester, Virginia 22601
Hours: 9:00am to 5:00pm M-F
Phone: (540) 667-5770
Recording Tips for Winchester City:
- Bring your driver's license or state-issued photo ID
- Documents must be on 8.5 x 11 inch white paper
- Both spouses typically need to sign if property is jointly owned
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Winchester City
Properties in any of these areas use Winchester City forms:
- Winchester
Hours, fees, requirements, and more for Winchester City
How do I get my forms?
Forms are available for immediate download after payment. The Winchester City forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Winchester City?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Winchester City including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Winchester City you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Winchester City?
Recording fees in Winchester City vary. Contact the recorder's office at (540) 667-5770 for current fees.
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Preliminary Notice in Virginia
Mechanic's liens require strict procedural compliance. To successfully claim a mechanic's lien, the claimant must first provide all entitled parties with the appropriate form of preliminary notice. This is because a mechanic's lien creates an encumbrance, or block on the owner's title, and therefore, the owner and other parties potentially affected by that must receive notice of the process. In Virginia, the form of required notice is served on a party known as a "Lien Agent" as well as on the property owner. A Lien Agent is an appointed individual, usually an attorney or title agent. This Notice to Lien Agent and/or Owner/Agent contains a separate form for notifying each party (or one and not the other).
To draft a Notice to Lien Agent or Owner/Agent, first you will need a copy of the building permit. The building permit for any one- or two-family residential dwelling unit issued pursuant to the Uniform Statewide Building Code must also be conspicuously and continuously posted on the property for which the permit is issued until all the work is completed on the property. Va. Code 43-4.01(A). Ensure that the permit is posted on the property before any labor is performed or any material furnished on the property. Id.
If the building permit contains the name, mailing address, and telephone number of the mechanics' lien agent, any person entitled to claim a lien may use that information to notify the agent named on the permit or amended permit that he seeks payment for labor performed or material furnished. Va. Code 43-4.01(B). This notice should be sent by registered or certified mail or by physical delivery. Id. The Notice must contain the following: (1) the name, mailing address, and telephone number of the person sending such notice, (2) the person's license or certificate number issued by the Board for Contractors, if any, and the date such license or certificate was issued and the date such license or certificate expires, (3) the building permit number on the building permit, (4) a description of the property as shown on the building permit, and (5) a statement that the person filing such notice seeks payment for labor performed or material furnished. Id.
Failure to serve the Notice on a residential project within the required time, can forfeit a claimant's right to a lien. No person other than a person claiming a lien may claim a lien under this title with respect to a one or two family residential dwelling unit if that person fails to notify any mechanics' lien agent identified on the building permit within 30 days of the first date labor was performed or materials furnished to or for the building or structure or within 30 days of the date such a permit is issued, if such labor or materials are first performed or furnished by such person prior to the issuance of a building permit. Va. Code 43-4.01(C).
To send notice to an Owner/Agent, any subcontractor or person who furnishes labor or material to the general contractor or subcontractor should direct their preliminary notice in writing to the owner or his agent or the general contractor, in a form that states the nature and character of his contract and the probable amount of his claim. Va. Code 43-11(1). The form is almost identical to the 43-4.01, but with some minor differences and is located on the same form after the notice to the lien agent portion.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact a Virginia lawyer with any questions about the notice to mechanic's lien agent.
Important: Your property must be located in Winchester City to use these forms. Documents should be recorded at the office below.
This Mechanics Lien Preliminary Notice meets all recording requirements specific to Winchester City.
Our Promise
The documents you receive here will meet, or exceed, the Winchester City recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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