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What are my options if any?

VirginiaMechanics LienPayment Disputes

i was wondering. if i provided materials and work outta pocket and the job wasnt paid for but im not licensed yet because of money issues if i had any options. job was quoted 300 and there was a verbal agreement. Is there any means to receive my payment. times are tough and money is tight with the state of the world nowadays. Have mouths to feed and provide for. I'm greatly Thankful your time.

1 reply

Jul 16, 2020

Is a Virginia mechanics lien an option?

Let's break down this situation into a few key issues: Licensing: First and foremost, if the work performed requires a license by the state or local government, and are unlicensed, you will not be able to file a mechanics lien. Virginia is quite strict about this. You should consult the Virginia Board of Contractors to see if the work requires a license or not. Written contract: The state of Virginia doesn't have any explicit requirement to have a written contract in order to file a lien. An oral contract could be sufficient for the purposes of filing a mechanics lien. Preliminary notice: A preliminary notice is only required to secure lien rights in Virginia if (1) the project is residential, (2) a building permit was pulled for the project, and (3) the permit lists a mechanics lien agent. If all three of these requirements aren't present, then no notice is required to file a lien. If after all this, you have determined you can file a lien, you may want to send a Notice of Intent to Lien. This is an unofficial letter stating that if you aren't paid within a certain amount of days, you are willing to file a lien.

Other options for recovery

If you can't file a mechanics lien, there are still other option to recover payment. First you can start by sending invoice reminders and payment demand letters to escalate the dispute. A debt collections agency could be another option, but keep in mind that they will charge a percentage if the debt is paid. Lastly, you can also file a lawsuit for breach of contract to collect payment. This may not be the most ideal option given the cost of a lawsuit. But, since the amount is less than $5,000 you can bring the claim in small claims court, which is a cheaper and quicker legal proceeding. Here is a link to a guide for Virginia small claims court procedures.  Good luck and stay safe!
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