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Filing a lien in Virginia without a contractors license

My question is about licensing. We are a flooring company. We do not have a contractors license because when we apply for our business license we are not required to have one in Virginia because our contracting sales are not above $1000 per job or over $150,000 per year. We have two sections on our business license. One for retail sales and one for contracting. A job falls into retail sales if the labor is associated with the sale of materials. In that instance you don't need a contractors license. Will this prevent me from filing a lien?

2 replies

Mar 27, 2019

The State of Virginia provides one of the most powerful mechanics liens in the country. The lien statute states that any party who furnishes labor or materials to a construction project is entitled to lien protection. This provides protection for almost any project participant unless they perform labor without a valid license. The statute continues by stating that "when such a license is required by law for the labor performed, they shall not be entitled to a lien." VA contractor licenses are based on monetary limitations. A class-C contractor license (lowest-tier) is required if one performs work on projects that are greater than $1,000 and no more than $150,000 yearly. If the contractor's business falls below these values, then a license is not required by law. Therefore, if a license is not required by law, then a person is not barred from pursuing a lien claim (as long as the other requirements are met). Keep in mind, a supplier may unintentionally waive their lien rights in Virginia. If a person supplies labor or materials to an unlicensed contractor or sub (who is required to be licensed), they forfeit their lien rights. For more resources, check out: How to File a Virginia Mechanics Lien or the VA Mechanics Lien Overview Page

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Aug 18, 2022

I helped my friend remodel his house and he said I would have to wait till he sells the house before I can get paid. I’m not a contractor can I still put a lien on his property so I will have to get paid at his closing

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