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Can I have a lien filed against me more than thirty days after work completion if preliminary notice was never given?

VirginiaLien Deadlines

I contracted for a concrete driveway. The contractor didn't perform the work I contracted for. He gave me less linear feet of stamped concrete and substituted brushed concrete in its place. I have withheld $1000 from the contract price and he has threatened me with a lien. The work was completed over 40 days ago. Can the contractor file this lien if he never gave me "preliminary notice"?

3 replies

Apr 30, 2020

Can you send your answer again? I can no longer access your initial response. Does it matter that I never identified a Mechanic Lien Aagent and that there was no building permit filed for this driveway work?

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Apr 30, 2020

Preliminary notices are usually not required in Virginia, but it does hinge on whether or not this was a one or two-family property and the owner identifies a lien agent. If that's the case, the preliminary notice must've been sent within 30 days of the project's start. For a better idea, check out this post on Virginia Preliminary Notices.

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May 15, 2020

I agree with Tom. If the preliminary notice was not required, then the lien could be filed within 90 days from when significant work was last completed or when the project was completed.

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