Guide outline

VAVirginia

Virginia Lien Deadlines for Material Suppliers

Virginia suppliers must compare two filing limits and identify their notice obligations by contracting tier and residential permit facts. A last-delivery date alone does not establish the final filing date.

Public date calculations cover Florida and Kansas. Virginia dates require qualified review.

Virginia is High Risk for Suppliers

The memorandum of lien must satisfy both the last-furnishing-month limit and the project completion or termination limit. The amount that can be secured, notices to other parties, and the later enforcement suit are separate questions. The timing below concerns ordinary private projects under the current statute; older construction, unusual property interests, and disputed completion need individual review.

Virginia Mechanics Lien Deadlines (Updated 2026)

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Deadline TypeTimingDetails
Lien Filing DeadlineEarlier of 90 days after the last day of the last-furnishing month and 90 days after project completion or terminationFile the memorandum in the proper county or city clerk's office. Both dates must be established.
Mechanics' Lien Agent NoticeConditional 30-day period on qualifying one- or two-family dwelling projectsApplies when the permit names an agent. Count from first furnishing, or permit issuance if furnishing began before the permit.
Indirect Supplier NoticesRequired written notices; no fixed day count in §§43-7 and 43-9Contractor-hired suppliers notify the owner or agent; subcontractor-hired suppliers also notify the general contractor or agent. These are separate from the conditional agent notice.
Enforcement DeadlineLater of six months after memorandum recording or 60 days after completion or terminationThis is the suit period; it does not extend the memorandum filing deadline.
StatutesGoverning statutesVirginia Code §43-4, §43-4.01, §43-7, §43-9, §43-17

Before filing:

  1. Compare the two dates. Completion or termination can produce the earlier cutoff even though the last-furnishing-month calculation leaves more time.
  2. Confirm your notice recipients. Direct-owner suppliers follow the general-contractor route, including certification of mailing the memorandum copy to the owner. Indirect suppliers must satisfy the additional written notice requirements for their tier; the absence of a numbered notice period does not make those notices optional.
  3. Check the recoverable amount. Section 43-4 generally excludes amounts for furnishing more than 150 days before the last furnishing preceding that memorandum, with stated exceptions for retainage and certain sums not yet due. Indirect claims also depend on upstream indebtedness under sections 43-7 and 43-9. These are value limits, not extra time to file.

Common Supplier Mistakes in Virginia

Treating every project as subject to a 30-day agent notice

Check whether the project is a one- or two-family dwelling and whether the permit designates a mechanics' lien agent. Section 43-4.01 exempts a memorandum recorded before permit issuance and a permit that names no agent. If the permit is not posted, verify its status with the issuing authority. Late notice can preserve only materials furnished on or after notice; it does not protect earlier deliveries.

Ignoring the completion or termination cap

Do not rely solely on month-end plus 90 days. Apply the separate project limit too. Virginia Code §1-210(E) addresses filing on weekends, legal holidays, and government-office closures. Verify the actual clerk's availability; do not assume the same extension resolves private-agent notice delivery.

Missing the enforcement deadline

The later-of rule in section 43-17 governs the enforcement suit. It does not cure a late memorandum or missing perfection notice.

Not Sure Which Deadline Applies?

Use this Virginia guide and collect your project facts for qualified review.

Review Virginia project facts

The public calculator provides dates only for reviewed Florida and Kansas scenarios; it does not calculate a Virginia date.

Frequently Asked Questions

Is the Virginia lien deadline always 90 days after the last-furnishing month ends?

No. Section 43-4 also prohibits filing later than 90 days after the project is completed or the work is otherwise terminated. The earlier limit controls, subject to applicable time-computation rules.

Does every Virginia supplier need a mechanics' lien agent notice?

No. The 30-day requirement depends on a qualifying one- or two-family project and an agent identified on the permit. A missing posted permit is a reason to check with the issuing authority, not to assume no notice is required.

Are the indirect-supplier notices optional because there is no fixed day count?

No. Sections 43-7 and 43-9 make written notices part of perfecting the lien. The recipients depend on who hired the supplier, and upstream unpaid amounts can limit the lien. Determine service and timing for the actual claim before filing.