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sub was paid for work done, thinks he is due more so filed a lien without completing work

VirginiaMechanics LienPayment Disputes

GC paid sub for work he did, he believed he should have gotten the rest of $$ for completing2/3 of work, GC said he did not perform 2/3 yet, so will not get finale payment. He had a fit, she offered to bring in an inspector to decide if he completed said 2/3, another fit and said no. He is also claiming in lien materials not there, but not telling of his improper use of materials and GC having to purchase more materials. Also seeking more monies for travel and lodging because he thought he should get more but was paid the agreed upon amount. And now he says he should get the monies for having to travel to site and unable to do work because no materials were there to work with and could have taken other jobs. Does he have a valid lien?

1 reply

Mar 16, 2018
There's a lot to unpack here, but I think addressing the basics of VA lien law will be helpful. In Virginia, like other states, mechanics liens are an available remedy to parties unpaid for furnishing labor and materials for the construction, removal, repair, or improvement of real property. If materials, labor, or services appear on a mechanics lien claim but were not actually furnished or provided, a claimant runs the risk of a false lien filing - and the penalties can be steep. In Virginia, such a filing could rise to the level of a Class 5 felony. Finally, amounts not associated with the actual improving the property - such as travel and lost profits - could also be considered improper in a mechanics lien filing. Of course, if labor or material has been provided and has not been paid for, those sums could be lienable.
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