Can I have a lien filed against me more than thirty days after work completion if preliminary notice was never given?

5 months ago

I contracted for a concrete driveway. The contractor didn’t perform the work I contracted for. He gave me less linear feet of stamped concrete and substituted brushed concrete in its place. I have withheld $1000 from the contract price and he has threatened me with a lien. The work was completed over 40 days ago. Can the contractor file this lien if he never gave me “preliminary notice”?

Additional info about this contractor
Project Role: Owner
Project Type: Residential

Can you send your answer again? I can no longer access your initial response. Does it matter that I never identified a Mechanic Lien Aagent and that there was no building permit filed for this driveway work?

6 reviews

Preliminary notices are usually not required in Virginia, but it does hinge on whether or not this was a one or two-family property and the owner identifies a lien agent. If that’s the case, the preliminary notice must’ve been sent within 30 days of the project’s start. For a better idea, check out this post on Virginia Preliminary Notices.

Attorney Steven Krieger Law, PLLC
3 reviews

I agree with Tom. If the preliminary notice was not required, then the lien could be filed within 90 days from when significant work was last completed or when the project was completed.

Disclaimer: Disclaimer: This response or communication does not constitute legal advice, is not an engagement for the provision of legal services, is not a consultation, and does not form an attorney-client relationship with Steven Krieger Law, PLLC. Further, should not disclose confidential information related to your case on forums. If you'd like a consultation, we're happy to help and I may be reached through my Levelset profile.
Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit