Do I need to send a preliminary notice in Virginia?

On a one- or two-family residential dwelling whose building permit names a mechanics' lien agent, every lien claimant (including the general contractor, except site-development claimants under Va. Code 43-3(B)) must notify the lien agent in writing. Within 30 days after first performing labor or furnishing material, or within 30 days after the permit is issued if work started before the permit (Va. Code 43-4.01(C))..

How long do I have to file a lien in Virginia?

Record a memorandum of lien in the circuit court clerk's office no later than 90 days from the last day of the month in which the claimant last performed labor or furnished material, and in no event later than 90 days after the structure is completed or work otherwise terminated (Va. Code 43-4). The memorandum may not include sums for work more than 150 days before the last day of work, except retainage up to 10 percent of the contract price and sums not yet due under pay-when-paid terms. A general contractor must file a certification of mailing a copy to the owner. Subcontractors must also give the owner written notice of the amount and character of the claim (43-7).

How long does a Virginia lien last before I have to enforce it?

File suit to enforce within 6 months after the memorandum was recorded or within 60 days after the structure was completed or work otherwise terminated, whichever is later (Va. Code 43-17).

Mechanics lien law

Virginia lien deadlines for contractors

Updated September 24, 2026 · Checked against primary sources

The short answer

In Virginia, record a memorandum of lien within 90 days from the last day of the month you last worked, and no later than 90 days after the structure is completed. It cannot cover work over 150 days before your last day, except retainage. Sue within 6 months of recording or 60 days after completion, whichever is later.

The deadlines

Step	Rule
Preliminary notice: who	On a one- or two-family residential dwelling whose building permit names a mechanics' lien agent, every lien claimant (including the general contractor, except site-development claimants under Va. Code 43-3(B)) must notify the lien agent in writing.
Preliminary notice: when	Within 30 days after first performing labor or furnishing material, or within 30 days after the permit is issued if work started before the permit (Va. Code 43-4.01(C)). (A late notice limits the lien to labor and materials furnished on or after the notice date. Not required when the permit names no lien agent or the memorandum is recorded before a permit issues. There is no preliminary notice on commercial projects.)
File or register the lien	Record a memorandum of lien in the circuit court clerk's office no later than 90 days from the last day of the month in which the claimant last performed labor or furnished material, and in no event later than 90 days after the structure is completed or work otherwise terminated (Va. Code 43-4). The memorandum may not include sums for work more than 150 days before the last day of work, except retainage up to 10 percent of the contract price and sums not yet due under pay-when-paid terms. A general contractor must file a certification of mailing a copy to the owner. Subcontractors must also give the owner written notice of the amount and character of the claim (43-7).
Enforce or perfect it	File suit to enforce within 6 months after the memorandum was recorded or within 60 days after the structure was completed or work otherwise terminated, whichever is later (Va. Code 43-17).
Residential jobs	The mechanics' lien agent notice rule applies only to one- and two-family residential dwellings, and the building permit must be posted on site before work starts (Va. Code 43-4.01(A)).

Other notices and rules

A subcontractor's lien is limited to what the owner owes or later owes the general contractor; nonindebtedness is an affirmative defense (43-7(A)).
Advance waivers of lien rights in a contract signed before work starts are void (43-3(C)); unlicensed contractors required to hold a license have no lien (43-3(D)).

Common questions

Do I need to send a preliminary notice in Virginia?: On a one- or two-family residential dwelling whose building permit names a mechanics' lien agent, every lien claimant (including the general contractor, except site-development claimants under Va. Code 43-3(B)) must notify the lien agent in writing. Within 30 days after first performing labor or furnishing material, or within 30 days after the permit is issued if work started before the permit (Va. Code 43-4.01(C))..
How long do I have to file a lien in Virginia?: Record a memorandum of lien in the circuit court clerk's office no later than 90 days from the last day of the month in which the claimant last performed labor or furnished material, and in no event later than 90 days after the structure is completed or work otherwise terminated (Va. Code 43-4). The memorandum may not include sums for work more than 150 days before the last day of work, except retainage up to 10 percent of the contract price and sums not yet due under pay-when-paid terms. A general contractor must file a certification of mailing a copy to the owner. Subcontractors must also give the owner written notice of the amount and character of the claim (43-7).
How long does a Virginia lien last before I have to enforce it?: File suit to enforce within 6 months after the memorandum was recorded or within 60 days after the structure was completed or work otherwise terminated, whichever is later (Va. Code 43-17).

General information from the statutes cited below, checked 2026-09-24. Lien law is strict and details depend on your role and contract. Confirm with a construction lawyer in Virginia before relying on a deadline.

Where Pavado comes in

How Pavado builds a CRM around your jobs

Lien rights are usually lost to a calendar, not a court. We build CRMs that start each job's notice and lien clocks from its real start and completion dates and remind you before every deadline, so the rights you earned by doing the work are still there when a customer stops paying.

Instead of bending your shop around someone else's software, we build the system around how your jobs actually move, and connect it to what you already use.

Your pipeline, your stages. From first call to paid invoice, set up the way your team already works.
Automations for the busywork. Follow-ups, reminders and handoffs that happen without anyone remembering.
One record per customer. Calls, quotes, jobs, photos and invoices in one place instead of five apps.
Connected to your stack. QuickBooks or Xero, Gmail or Outlook, payments and e-sign, plus thousands more through Zapier and an API.

1.Book a free demo and walk us through how a job moves today.
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3.We build it, connect your tools and get your team using it.

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Sources

Cite this page

Pavado, “Virginia Lien Deadlines 2026: Notice and Filing”, https://www.pavadotech.com/lien-deadlines/virginia, updated 2026-09-24.