Virginia Mechanic's Lien Template

Filing Deadline

Memorandum of lien must be recorded no later than 90 days from the last day of the month in which the claimant last performed labor or furnished materials, AND in no case later than 90 days from project completion (termination/abandonment), whichever is earlier. Additionally, the lien can only cover labor/materials furnished within the 150 days immediately preceding the last day of work — anything older than 150 days is forfeit (Va. Code 43-4).

Clock starts: Last day of the MONTH in which the claimant last performed labor or furnished materials on the project (not the last day of work itself — the entire calendar month rolls the clock forward).

Where to Record

Clerk of the Circuit Court in the county or independent city where the property is located (Virginia is unusual in having independent cities — e.g., the City of Richmond, City of Norfolk, City of Virginia Beach are NOT inside any county and have their own Circuit Court Clerks). The memorandum is recorded in the deed books and indexed in the general index of deeds. Most Virginia Circuit Courts accept paper filing over-the-counter and many (including Fairfax County) support electronic filing via the statewide Electronic Filing System (EFS). Recording fee is set by Va. Code 17.1-275 (roughly $20-$50 depending on pages and locality grantor tax).

Notarization

Required — document must be sworn before a notary.

Mandatory. The memorandum of lien must include an affidavit signed under oath by the claimant (or claimant's agent) and sworn before a notary public or magistrate. The notary/magistrate must sign, dat

Service Requirement

General contractors: must mail a copy of the memorandum to the owner at the owner's last known address and file a "certification of mailing" together with the memorandum at recording (Va. Code 43-4). Subcontractors and lower-tier claimants: must serve a copy of the memorandum on the owner (and, if claimant is a sub-sub, also on the general contractor) at the time of recording or within a reasonable time thereafter — service by certified or registered mail with return receipt is the standard practice and proof of service should be retained. Failure to provide the certification of mailing (GC) or proof of service (sub) is grounds for the lien being declared invalid.