Filing deadline

Memorandum of Mechanic's Lien filed with the Circuit Court clerk of the city/county where the property lies, by the earlier of (a) 90 days after the last day of the month in which the claimant last furnished labor/materials or (b) 90 days after project completion or termination of the work. Remedial/warranty work does not extend the trigger. GC memoranda must be accompanied by a certification of mailing a copy to the owner filed simultaneously.

Notice prerequisites

No general pre-work notice. Exception: on 1-2 family dwellings where the building permit names a mechanic's lien agent, every claimant must send written notice (registered/certified mail or hand delivery) to that agent within 30 days of first furnishing, including its contractor license number and permit info; a late notice limits the lien to work after the notice date.

Service on the owner

GC: mail the memorandum to the owner and file the certificate of mailing at the same time as the memorandum. Subcontractor: give the owner statutory notice of the lien filing (best practice simultaneously). Sub-subcontractor: written notice of amount and character of claim to both owner and GC. Owner liability is frozen at what it owes the GC when notice arrives, so delay can leave the lien worthless.

Enforcement

Suit in equity where the property (or an owner) is located, by the later of 6 months after the memorandum is recorded or 60 days after completion/termination of the building. All necessary parties (owners, GC, deed-of-trust trustees and beneficiaries) must be joined within the 6-month period or the suit is subject to dismissal; a verified itemized account must accompany the complaint.

Va. Code 43-1 et seq. (esp. 43-4, 43-4.01, 43-5, 43-7, 43-9, 43-17, 43-21, 43-22); misapplication of funds 43-13.