We are a Material Supplier of solar panels to a couple projects in Virginia, and we have an agreed contract to supply on certain projects, and invoiced for them. However, we never received the initial overdue payment, so we never delivered. If we did not fully delivery as a material supplier in Virginia, but had the materials prepared for and agreed for to be incorporated on the project site , do we still have a right to file a Mechanic's Lien? Thank you.
As a general rule, you cannot lien for items that are not incorporated into the real estate. If you did not deliver and install the panels, the liklihood is that you won't be able to record a valid lien in VA.