Home>Levelset Community>Legal Help>Mechanic's Lien Rights

Mechanic's Lien Rights

We are a sub-subcontractor providing temporary construction labor on a hotel project in VA and have not been paid. As we are a sub-subcontractor providing labor, do we have to have a VA Electrical license to provide that labor and uphold lien rights on the project?

1 reply

Aug 18, 2020

Unfortunately, Virginia mechanics lien laws are very strict when it comes to licensing requirements. Under VA Code Ann. §43-3(D): "A person who performs labor without a valid license or certificate issued by the Board of Contractors... or without the proper class of licensed for the value of the work to be performed, when such license or certificate is required by law for the labor performed shall not be entitled to a lien pursuant to this section." Furthermore, a claimant's license or certificate number must be included on the lien claim in order to be valid. There are still other legal options for recovery. In particular, claims against your customer for breach of contract and unjust enrichment. These options and more are explored in: Can't File a Lien? Here are some other options for recovery. Good luck!

0 people found this helpful

Helpful