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Home>Levelset Community>Legal Help>In Virginia - The installation rental and removal of scaffolding does not involve providing anything that becomes part of the building and therefore in Virginia a scaffolding contractor does not require licensure. As a rental equipment provider do we have the right to file a lien on the property?

In Virginia - The installation rental and removal of scaffolding does not involve providing anything that becomes part of the building and therefore in Virginia a scaffolding contractor does not require licensure. As a rental equipment provider do we have the right to file a lien on the property?

VirginiaMechanics LienPreliminary Notice

A customer is questioning why we are requesting the information to file a preliminary notice on a hospital construction project for which we will be renting, erecting, relocating and removing for the masonry contractor.

1 reply

Nov 13, 2017
Under Virginia Code § 43-3, those who have lien rights include "All persons performing labor or furnishing materials of the value of $150 or more, including the reasonable rental or use value of equipment..." As always, the existence of lien rights will be complicated by project role, but it appears that even suppliers to suppliers may be entitled to lien rights in Virginia. However, take note that if you were hired by a party who was required to be licensed but does not retain the necessary licensure, your lien rights could be in jeopardy. Assuming the work done exceeds $150 and that you were hired by either the owner or a properly licensed party (if they were required to be licensed), the work you described above (such as renting, installing, relocating, and removing scaffolding) will be lienable.
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