Menu
Home>Levelset Community>Legal Help>When Should I file a lien in Viriginia

When Should I file a lien in Viriginia

VirginiaLien DeadlinesRight to Lien

I am a material supplier based out of Washington state, we supplied materials to a commercial job in Virginia. The last date that we furnished materials is 2/23/20. The contract is with the General Contractor. We are having difficulty getting payments. The project is with a large established general contractor, and their client is a large financial institution. They have claimed that payment will be received from the client around 5/23 and disbursement of funds to us will occur after they receive payment from the client. We want to protect our legal rights, especially in this economy. But we also don't want to harm our relationship with the parties involved.

4 replies

May 11, 2020
The time frame to file a Memorandum of Mechanic's Lien in Virginia is 90 days from the last day of the month in which you last furnished labor or materials. So, if you last furnished materials on February 23, 2020, you would need to file your Memorandum within 90 days of February 29, 2020, which would be May 29, 2020. As this date is only a short 3 weeks away, I believe it is vital that you file a Memorandum of Lien now, and if payment truly arrives shortly after May 23, the Memorandum can be easily withdrawn. Also, Virginia has a unique 150 day "look-back" rule, which means with the exception of retention, no lien is valid for labor or materials furnished more than 150 days from the date of filing. Under this rule, even if you filed the lien today, you would not be able to secure a lien for the value of materials furnished prior to December 12, 2019. Mechanic's liens in Virginia are tricky, and professional help should be sought. You can reach me through my Levelset profile if you have any further questions. Good luck!
1 person found this helpful
Helpful
May 11, 2020
Joseph, Thanks We are planning on filling today.
0
Report Spam
May 15, 2020
Just to reiterate what Joseph said: if you wait until the 5/23 promised date for payment, you won't have time to file the lien. So, if you haven't filed yet, I'd do that ASAP. It's also fine to be open with the general contractor about why you're doing this and that you're more than happy to withdraw the lien when payment is received. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck!
1 person found this helpful
Helpful
May 15, 2020
Steven thank you! We did file a lien and have been very open with them that payment will quickly resolve this issue.
0
Report Spam