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As a sub contractor do I file a mechanics lien or does the GC file it? The contract is between the GC & homeowner

VirginiaMechanics Lien

The homeowner is refusing to pay what is owed for work done on his property. We are a sub contractor & are paid by the GC who actually has the contract with the owner. Monies are owed to multiples subcontractors as well as the GC. The GC is planning to file a mechanics lien; do we as a subcontractor also need to file a lien or does the GC list all outstanding debt owed to himself & his subs?

1 reply

Mar 17, 2021

Virginia law allows you to record your own lien independently of the GC assuming you meet the criterion for a valid lien. You also have the option of "piggy backing" on the GC's lien should it file one but I don't usually recommend that.

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