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How do I have a lien removed that is invalid?

VirginiaRight to Lien

I hired a independent sales rep to do a kitchen estimate. He is un-licensed and the customer did not go with the proposal he submitted. We in turn refunded the customer. At a later date, they decided to hire us to do the project, but with changes that would fit the footprint and budget. What the sales rep presented to the customer, was not correct (layout, cabinet sizes, schematics, etc.) He was terminated due to not following up with this customer in particular after receiving the down payment that was refunded. The customer could not get in touch with him via email, cell, or text. After completing the project, the customer posted pics of the finished project, and Mr. Sodhi saw that we did the project for them. In turn, he filed a lien saying he was not paid for his time, drawings, or comission related to this project. The customer is now wanting to file legal action against me, since a lien has been placed on their residence.

1 reply

Sep 23, 2019
There are multiple things to consider with respect to mechanics liens in Virginia. First, Virginia mechanics lien law absolutely requires that all project participants are licensed in order to file a mechanics lien. In fact, a Virginia mechanics lien requires that the claimant’s license or certificate number, and the dates on which the license/certificate was issued and will expire, be listed on the lien claim itself. Further, a potential lien claimant must file a mechanics lien within 90 days from the last day of the last month in which he furnished labor and/or materials to the project. Otherwise the lien is invalid and unenforceable. Further, in the event a mechanics lien is somehow actually filed, Virginia provides a mechanism for an interested party to request a hearing on the validity of the lien. Pursuant to § 43-17.1, "[a]ny party, having an interest in real property against which a lien has been filed, may, upon a showing of good cause, petition the court of equity having jurisdiction wherein the building, structure, other property, or railroad is located to hold a hearing to determine the validity of any perfected lien on the property." If the court determines that the lien is invalid, for any reason, the court is required to immediately order that the lien be removed from record.
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