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Am I eligible to file a mechanics lien

VirginiaLicenses

Anonymous Sub-Subcontractor

I am an out of state (GA) flooring subcontractor in VA. I do not have a license. I am owed $95,000

3 replies

Alex Benarroche

Construction Lawyer

Levelset Admin at Levelset

| 335 reviews

Jun 3, 2020

No. Virginia's licensing requirements are fairly strict. Contractors performing work that's required to be licensed in Virginia are not afforded mechanics lien protection. In fact, all Virginia lien notice and claim forms required the claimant's license or certificate number. This is explicitly mentioned under Va. Code Ann. §43-3(D) "A person who performed labor without a valid license or certificate issued by the Board of Contractors... when such license or certificate is required by law for the labor performed shall not be entitled to a lien..."

Virginia Board of Contractors website

However that doesn't mean all is lost, see: Can't File a Lien? Here Are Some Other Recovery Options

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Christopher Hill

Construction Lawyer

Legal Guard Lawyer

Owner/Attorney at The Law Office Of Christopher G. Hill, PC

| 22 reviews

Jun 4, 2020

I concur with Alex on the lien. There is also an issue with trying to collect under a contract without a license unless you are simply supplying materials and not installing them.

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Jack Rephan

Construction Lawyer

Shareholder at Pender & Coward

| 2 reviews

Jun 4, 2020

No, you must have a license to file a mechanics lien.

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Other questions about Licenses in Virginia

What does it mean to be licensed in the state of Virginia in order to file a mechanics lien?