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How can we ensure we file a proper lien if the following below is present?

Team: How can we file a lien in VA against our customer, if we are NOT the General Contractor and we are NOT a licensed NASCLA contractor. We have been hired as a private general sub-contractor because our subject matter expertise. Again, they have the right to hire anyone if they are the general contractor. Also note, that we are registered to do business in VA. I would like to make sure we are filing properly and that the lien gets filed. I look forward to hearing from you.

2 replies

Feb 4, 2020

First, note that general contractors aren't the only ones entitled to file a Virginia mechanics lien. Rather, contractors, subcontractors, suppliers, etc. will be entitled to file a mechanics lien claim if they go unpaid for their work. Granted, depending on the type of project, a preliminary notice may be required in order to preserve lien rights. Further discussion here: Do I Need to Send a Virginia Preliminary Notice? Regarding licensure - keep in mind that Virginia mechanics lien claimants will only need to be licensed if their work requires licensure. So, if your work doesn't require a license in order to perform, then not having a license won't be an issue. Finally, regarding making sure the lien is properly filed, here are two resources that should provide a lot of help on that front: (1) How to File a Virginia Mechanics Lien – Step by Step Guide to Get You Paid; and (2) Virginia Mechanics Lien Guide and FAQs. Those pages have a ton of insight into how to properly file a Virginia lien claim. And, as a last note, keep in mind that merely threatening to file a lien with a document like a Notice of Intent to Lien will often be enough to force payment.

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Feb 6, 2020

To follow up, the Virginia mechanic's lien statute requires a license number be listed where a contractor license is required and such a license is generally required for all construction work that involves anything aside from the mere supply of materials. Levelset is a great resource, but I also always recommend that you consult with a Virginia construction attorney to assure proper filing and proper enforcement.

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