Virginia · Va. Code §§43-4, 43-4.01, 43-17Virginia mechanic's lien deadlines: the 90-day memorandum, the six-month suit and the mechanics' lien agent
In Virginia, a general contractor perfects a mechanic's lien by recording a memorandum of lien in the clerk's office of the county or city where the property is, no later than 90 days from the last day of the month in which it last performed labor or furnished material, and in no event later than 90 days from completion or termination of the work; it must also mail a copy to the owner, and a memorandum can't include work more than 150 days before the last work, apart from retainage up to 10% and sums not yet due (Va. Code §43-4). For a one- or two-family dwelling, the building permit must be posted on the property, and if it names a mechanics' lien agent, a claimant who doesn't notify that agent within 30 days of first furnishing (or of the permit's issuance) can claim a lien only for work done after it gives notice (§43-4.01(A)–(C)). A suit to enforce must be filed within six months after the memorandum was recorded or 60 days after the work was completed, whichever is later (§43-17).
The deadlines
1. Memorandum (§43-4)
Within 90 days from the end of the month of last work, and 90 days of completion.
2. 150-day reach-back (§43-4)
No work more than 150 days before the last work, except retainage.
3. Lien agent (§43-4.01)
On 1–2 family homes, notice within 30 days of first furnishing.
4. Suit (§43-17)
Six months after recording or 60 days after completion, whichever is later.
What the TC can do
- If the seller had work done recently, ask for lien waivers and the building permit's lien agent.
- Ask the settlement agent to check the clerk's office for memoranda of lien.
- Keep the waivers in the deal file.
Questions about Virginia mechanic's liens
How long does a Virginia contractor have to record a mechanic's lien?
No later than 90 days from the last day of the month in which it last worked, and no later than 90 days from completion of the work (Va. Code §43-4).
What is a Virginia mechanics' lien agent?
A person named on the building permit for a one- or two-family dwelling; a claimant who doesn't notify the agent within 30 days of first furnishing can lien only for work after its notice (Va. Code §43-4.01).
Related guides
Add a task in ClosingCode for lien waivers from recent contractors, with an owner and a due date before closing.
Start free trialSource: Code of Virginia §§43-4, 43-4.01 and 43-17 (law.lis.virginia.gov, read October 26, 2026).
General information, not legal advice. The title company decides how a lien affects the title policy. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.