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What is our VA mechanic's lien deadline?

VirginiaLien DeadlinesMechanics Lien

We are the GC, who completed a project 4-11. Our lien deadline would be 7-10 correct, not 7-31. Not sure what the 90 days of last date of month provided, & within 90 days of project completion mean, as you would come up with 2 different deadlines. How does a lien for retainage work?

1 reply

Jul 15, 2020
Generally, the deadline to file a Virginia mechanics lien is 90 days from the last day of the month during which labor or materials were last furnished. Meaning, if the last work was furnished sometime during April, the 90-day deadline would run from the last day in April (April 30th). Virginia has a weird twist on its lien laws, though. Virginia liens can only include work that's been performed within the past 150 days. So, if you're experiencing prolonged payment issues on the job, it might be a good idea to consider a lien claim with enough time to file a lien at the 150-day mark to preserve rights on all unpaid work. To calculate the deadlines on your specific project, this resource should be useful: Mechanics Lien & Notice Deadline Calculator. For further discussion on VA lien laws: (1) Virginia Mechanics Lien Guide and FAQs; and (2) How to File a Virginia Mechanics Lien – Step by Step Guide to Get You Paid.
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