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Do we have lien rights?

VirginiaMechanics Lien
Anonymous Contractor

We do water mitigation work only. In the State of VA we are not required to have a contractor's license to perform this type of work. Are we able to file a lien on a customer's property for deliniquent payments?

1 reply

Levelset Admin at Levelset
| 335 reviews
Feb 17, 2021

If you are not required to have a license to perform the type of work in question, then a license is not required to have lien rights in Virginia. This is specifically set out under Va. Code §43-3(D): 

"A person who performs labor without a valid license or certificate issued by the Board for Contractors pursuant to Chapter 11 (§54.1-110 et seq.) of Title 54.1 or without the proper class of license for the value of work to be performed, when such a license or certificate is required by law for the labor performed shall not be entitled to a lien pursuant to this section" (emphasis added).

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