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Virginia Mechanics Lien Questions
All Status
Mechanics Lien
Virginia
Apologies -- I wanted to ask this of the attorneys. I mistakenly posted on the "payment expert" site. I hope this makes it to the correct inbox. Please delete my other question if it comes up on your site. Again, apologies.
We are victims of the David James Homes fraud in Virginia. All our payments were to DJH we had no dealings with the subcontractors, did not hire them or sign contracts with them and have no idea who most of them are. We were never owing to DJH at any time in our contract with DJH and are, in fact, owed $42,000 by DJH for work we paid for not supplied. A subcontractor has put a lien against our property in the amount of $3,800. It is now past the 6 months deadline they have to enforce it. Additionally, it is for work we already paid DJH for (DJH had a very weird PREpay draw schedule, so we gave the money for counters to DJH 3 months before they were installed, DJH just never gave the money to the subs). Merle Heckman filed bankruptcy last fall with DJH. The case is ongoing. Because the 6 months has passed, can I petition my local county court to remove the lien or do I need to wait until some specified time after the DJH bankruptcy case closes? The “automatic stay” wording regarding bankruptcy was confusing and I don’t want to petition to have a lien removed before the window for enforcement has closed
VirginiaIf my contract states the completed projected should have been approximately Nov. 21, 2019, but the contractor walked off due to dispute a few weeks ago and now claims I still owe him $8,000 for work done (with no itemization of what this is for), can he file a mechanics lien if I disagree that I owe him this. I already paid him up to the point of where I thought I should have for the work he already did and I told him he had already breached the contract because he went this far over the date agreed upon, especially since he had no valid reason for delay. I asked him to just leave the job in the past, but he kept working into the next draw (despite me texting him that I was not going to pay him, mostly due to being so far behind and never working on schedule, etc.). I just need to know if he has a leg to stand on.
VirginiaI am an owner, and I am refusing to pay the last invoice to my GC. He is threatening me saying he'll file a mechanics lien. There was no contract and even the estimate was not signed. It was a residential project for repair/improvements.
Can the GC file the lien?
VirginiaTeam: How can we file a lien in VA against our customer, if we are NOT the General Contractor and we are NOT a licensed NASCLA contractor. We have been hired as a private general sub-contractor because our subject matter expertise. Again, they have the right to hire anyone if they are the general contractor. Also note, that we are registered to do business in VA.
I would like to make sure we are filing properly and that the lien gets filed. I look forward to hearing from you.
VirginiaWe want to find construction WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT form in Virginia.
Thank you!
VirginiaI am professional real state agent last year I helped a family member fixing her house and for them to allow me to sell the property . I found out last week that she is closing on the house this week with a new agent . I need an advise of what is my chances of getting paid for my work . I don’t have a signed contract with them . Verbal agreement only . I spent 5 months working on there house. Thank you
Virginiado i have to send any notice to the home owner or the general contractor prior to filinga subcontractors mechanics lien in Virginia
VirginiaIf I am contracted with the owner via verbal contract and filing for mechanics lien in VA-- on question 5-- "date from which interest on the above amount is claimed:" question........do I have to enter a date, can I put "N/A" in that field or leave it blank? I do not wish to charge interest. I am the GC and interact only with the homeowner.
VirginiaMy family is planning to build a house. Our architect is preparing building permit applications and is asking us if we will be using a mechanic's lien agent.
VirginiaDo they need to be licensed in Virginia as well in order to lien the project?
VirginiaA licensed Virginia contractor was hired to complete interior painting of a home. The contract was entered with and signed by the home owners live in domestic partner. The contractor provided a timeline of 3 days to complete work. The contractor's workers did not complete quality work and damaged the home owner's personal property while painting home interior. Many walls were required to be repainted several times as a result. The home owner's domestic partner advised the contractor of his worker's poor quality and work ethic and on day 4 of work, the contractor replaced the workers with a different 2-person crew. On day 5, the new crew completed some painting but was unable to complete touch ups and additional repairs, because the contractor furnished the incorrect paint to the workers. The crew completed their task as much as able. The contractor came to the home to discuss additional concerns with the home owner's domestic partner. After deliberation and frustration, the contractor told the domestic parter that due the workers not completing satisfactory work and time availability of the domestic partner limited, the contractor verbally stated (in front of 3 other parties) he would accept the intial provided deposit as a full payment and would take the loss. The contractor collected his things and vacated the property in a hurry. The contractor then filed a mechanic's lien against the home owner for the remaining balance of the work. What options are available for the property owner considering the contractor made a verbal statement of not requiring any additional payment.
VirginiaI had a lien field against a personal property, but the attorney filed it in the incorrect county, no notices were sent to the GC or the owner. Is the lien valid?
VirginiaGood morning,
Cold you explain amount of lien not due yet??
The project was cancelled for all trades due to owner financial issues.
No further information was released and no re-start date has been schedule.
Due we still have to leave Any retention money as not due yet?
What if this project is never completed? It it resumes in couple more months or years?
I greatly appreciate the information of if you can callme
Olga Gonzalez
A Capital Electric Contractors Inc
703-499-3222
VirginiaWe have a construction contract and project that is stalled for defective work; there are four large punch list items remaining. The company that we have the contract with had its business license terminated 2 years ago but the owner of the company we contracted is part of a different company WITH a business license.
1. Can that individual put a lien on our residence?
2. Is the contract under the business name with no license even a legal contract?
VirginiaWe did work for the owner of a property who isn't paying the bill. At the time I filed the lien using Levelset, I thought they were the contractor. It turned out they were actually the owner of the building. My first question is, does it matter that I put we were the sub and the customer was the GC on the Levelset forms when I should have put we were the contractor and the customer was the owner? My second question is does the owner need to have a contractor's license to be able to enforce the lien on the property?
Virginia