Virginia Private Time Frames

Virginia Private Time Frames

Step 1: Notice

Commercial – Notice to the Owner and Prime Contractor as soon as possible to trap unpaid funds.
See Speedbump update, See Section 43-11 Notice(s).

Residential – Serve the owner and owner’s mechanic’s lien agent on all one - or two-family residential dwellings within 30 days of first furnishing.
Important Notice (See Speed Bumps.)
Virginia, one- or two- family residential dwelling units: MLBS Clients are responsible for determining the existence of the mechanic’s lien agent and providing MLBS the information with a service request. If not provided, MLBS will attempt to locate the agent, a $5.00 search fee will be charged. If MLBS cannot locate the Mechanic Lien Agent, we will provide a notification email indicating limited or no lien rights.

Step 2: Lien

Serve the owner and file the earlier of 90 days of the last day of the month in which the claimant last furnished, or 90 days from the date the building is completed or work is terminated.

See the 150 Day Rule for Limitations.

Step 3: Foreclosure

Within 6 months of filing the lien or within 60 days after the project is completed, whichever is later.

Virginia Section 43 Time Frames

Step 1: Section 43 Notice

First, a “Pre-registration” notice is sent to the owner and prime contractor before labor or materials are supplied to the project.

Step 2: Section 43 Notice

Within 30 days of project completion the claimant must provide a second notice with a statement of account and affidavit. The claimant supplying a subcontractor can elect to send the notice only to the general contractor. This will not obligate the owner, but will still obligate the general contractor.

The owner and upstream contractors become directly obligated for payment, to the extent they are holding money at the time they receive the second notice and statement of account.

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