Deeds.com Real Estate Deeds
Deeds.com Account
Sign In

Virginia Subcontractor Memorandum for Mechanics Lien

Select County or Independent City where the property is located.

Virginia Subcontractor Memorandum for Mechanics Lien Information

Virginia Mechanic's Lien by a Subcontractor

In Virginia, a lien claimant may make a claim for a mechanic's lien by completing and recording a "Memorandum for Mechanic's Lien" document. There are separate versions of the Memorandum depending on whether the claimant is a contractor, subcontractor, or sub-subcontractor.

In general, a mechanic's lien claim is made when a property owner or other person in the chain has not paid the contractor or others owed payment. The lien works as a security device by placing an encumbrance on the property, which in turn prompts the property's owner to pay in order to remove the lien. Liens can also be sought against payment funds, for example, by preventing a contractor from being paid by the owner until the subcontractors are paid.

A general contractor must file a memorandum of lien at any time after the work is commenced or material furnished, but not later than 90 days from the last day of the month in which he last performs labor or furnishes material, and a maximum of 90 days from the time the work ends. Va. Code 43-4. The memorandum is then filed in the clerk's office in the county or city in which the property is located. Id.

The memorandum must show: (1) the name of the owner of the property, (2) the claimant of the lien, (3) the amount and consideration of the claim, (4) the time or times when the claim is or will be due and payable, (5) a verification by the oath of the claimant, or his agent, including a statement declaring his intention to claim the benefit of the lien, and (6) a brief description of the property. Id. It must also contain the claimant's license or certificate number issued by the Board for Contractors, if any, and the date such license or certificate was issued as well as the date such license or certificate expires. Id.

A subcontractor follows the same process as for a lien by a general contractor, plus additional entries for the general contractor's and property owner's names. In addition, the subcontractor must also give notice in writing to the owner of the property or his agent of the amount and character of his claim. Va. Code 43-7. The subcontractor's lien may not exceed the amount owed to the general contractor at the time the notice is given. Id.

In conclusion, a mechanic's lien is a powerful tool when used properly. By keeping track of key dates and parties in each construction job, contractors can protect their rights.

This article is provided for informational purposes only, and is not a substitute for the advice of an attorney. Please contact an attorney with any questions about filing a Virginia Memorandum for a Mechanic's Lien.

Deeds.com Virginia Subcontractor Memorandum for Mechanics Lien Forms Have Been Updated as Recently as Thursday December 23, 2021

4.8 out of 5 (3209 Reviews)

What others like you are saying:


Morgan K. said: When I brought this deed to the county assessor, they were so impressed that I had done it correctly on my first try, and said they wished everyone would do such a good job on their paperwork.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Caroline W. said: They didn't have what I needed, but they were very quick in responding to let me know and where I needed to go to receive the desired information.

Reply from Staff: Thank you for your feedback Caroline.


Janna V. said: Very easy process!

Reply from Staff: Thank you!


Noble Mikhail F. said: The system is wonderful, and makes recording and searching simple, thanks a lot

Reply from Staff: Thank you!


David N. said: It worked well for me. Now I need the actual lien form

Reply from Staff: Thank you!


janice b. said: This is a very helpful site when you don't know exactly what to do. Very clear in explaining the wording on deeds. Thank you it made a big difference knowing the right way to do things.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Deeds.com Real Estate Deeds

Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.

NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.

If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

Nothing on this website should be considered a substitute for the advice of an attorney.

© DEEDS.COM INC. 1997 - 2022 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334