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surety bond filed on our lien

VirginiaBond ClaimsBonding Off LienMechanics LienMiller Act

We are an Electrical contractor and have not been paid for completed work. We filed a mechanics lien, and they bonded it off... I guess, if that is the right word. We received mail that they submitted the bond to the court in VA beach to have the lien removed. Still haven't been paid. I need help in the next step. Do I get in touch with the bond company? Do I look up to see if the lien still stands in VA beach? We are looking for around 64K. Thank you!

1 reply

Apr 20, 2020
If there was a lien and the GC bonded off the lien, then you will need to take action within the statute of limitations for a Virginia mechanic’s lien to collect against the bond. The bond only removed the lien from the Owner’s property substituting the bond for the lien. You should receive a copy of any decree in response to the petition to bond off the lien. On the plus side, should you win your case, the judgment will be collected from the bond directly. I always recommend consultation with a Virginia attorney about the specifics of your situation.
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