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How can I dismiss liens from subcontractors against my property?

Virginia
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Anonymous contractor
Aug 20, 2020

I had an extension/renovations done to my home in Virginia. I entered a contract with a construction company before any work was done. But in the contract it was explicitly stated that the contractor was responsible for any payments to subcontractors and suppliers. I was only responsible for sending a consistent amount of money for each of the 3 specific deadlines during the construction of my home. We even ran into problems before the extension was complete; like the workers for the company of the contractor not having their own payments. Even then there were threats of liens being said against us. The contract has been paid in full along with our extension being complete. But recently we have been told by one of the subcontractors for our house, that were part of the first steps in the renovation, that they still haven’t received payment. How can I dismiss this and prevent any other liens being filed against my property?

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Anonymous contractor
Aug 20, 2020

If you have paid your contractor in full, under Virginia law, an unpaid subcontractor cannot file a valid mechanics’ lien against your home. But if a subcontractor does file a mechanics’ lien, there is a procedure to have it removed but this requires that a petition be filed with an appropriate court for which you may need to hire a lawyer.

Jack Rephan

Attorney At Law
PENDER & COWARD, P.C.

ATTORNEYS AND COUNSELLORS AT LAW
222 Central Park Avenue, Suite 400
tel (757)490-6278 fax (757)502-7634
jrephan@pendercoward.com

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