A mechanic’s lien recorded against your Virginia home is one of the most serious tools a contractor or subcontractor can use in a construction payment dispute — and it can affect your title, your ability to refinance or sell, and your negotiating leverage almost immediately. But a recorded lien is not automatically valid. Virginia lien law is technical, deadline-driven, and often vulnerable to fact-specific challenges. If a contractor or subcontractor has filed a lien against your property, a prompt review can make a significant difference.
Who can claim a mechanic’s lien in Virginia
Virginia law generally gives lien rights to contractors, subcontractors, laborers, and material suppliers who furnish labor or materials of the required value for the improvement of real property — but only if the statutory prerequisites are satisfied. Depending on the claimant’s role, relevant issues may include authorization by the owner or the owner’s agent, chain of contract, mechanic’s lien agent requirements, notice requirements, lien waivers, timing, and the amount properly lienable. Not every person who touches a project automatically has lien rights.
Key deadlines to check immediately
Lien timing must be checked immediately. In general, a memorandum of lien must be recorded not later than 90 days from the last day of the month in which the claimant last performed labor or furnished material and, in no event, later than 90 days from completion or termination of the work. In addition to the 90-day recordation deadline, Virginia’s mechanic’s lien statute limits the lien to labor or materials furnished within the applicable 150-day look-back period. Including amounts outside that statutory window is a common and serious challenge to lien validity. A separate enforcement deadline also applies. Virginia Code § 43-17 provides that a suit to enforce certain perfected liens may not be brought after six months from recording or 60 days from completion or termination of the work, whichever is later. These rules are technical and should be calendared carefully.
A lien on your property has strict deadlines — and so do your options. McClanahan Powers can evaluate the lien immediately and advise on your strongest path to removal or defense. Contact us today.
Common grounds to challenge a mechanic’s lien
Common issues include: the lien was recorded late; the amount includes work outside the permitted look-back period; the lien includes disputed extras or warranty work; the claimant lacks the required relationship or authorization; the work was not authorized by the owner; the claimant overstated the amount; the property description or owner identification is defective; the underlying work was defective; the contractor was unlicensed; or the lien claimant failed to file suit to enforce the lien on time.
Options after receiving a lien
A homeowner may dispute the lien informally, demand supporting documentation, negotiate a release, seek a validity hearing under Virginia Code § 43-17.1, bond off the lien by paying money into court or filing a bond under Virginia Code §§ 43-70 or 43-71, file or respond to litigation concerning the lien, or pursue claims against the contractor. The best option depends on whether the owner needs to sell or refinance, whether there is a broader construction defect claim, and whether the lien is facially defective.
Do not ignore the lien
A lien can become leverage even when the owner disputes the contractor’s work. The owner should promptly obtain the recorded memorandum, identify the recording date, identify the claimed last date of work, calculate deadlines, review payments, and preserve all project communications.
Bottom line
Mechanic’s liens are powerful but not self-proving. A prompt review can often identify procedural, factual, or strategic defenses that materially change the dispute.
Frequently asked questions
Q: How long does a contractor have to file a mechanic’s lien in Virginia? The deadline to record a memorandum of lien depends on the claimant’s relationship to the project and the type of work. Deadlines are strictly enforced. If the lien was recorded late, that is a potential basis for challenge. An attorney can help calculate whether the lien was timely.
Q: Can I sell my house if a mechanic’s lien has been recorded? A lien clouds title and typically must be resolved — released, bonded off, or litigated — before a clean sale can close. Acting quickly gives you more options.
Q: What does it mean to “bond off” a lien? Bonding off a lien substitutes a surety bond for the encumbrance on the property, allowing title to be cleared while the underlying payment dispute is resolved separately. This can be useful when you need to refinance or sell but still want to contest the lien.
Q: What if the contractor did defective work but still recorded a lien? Construction defect claims and lien validity are separate legal questions. You may have both a defense to the lien amount and an affirmative claim against the contractor. A construction attorney can evaluate both.
If a mechanic’s lien has been recorded against your property, contact McClanahan Powers promptly. We can evaluate the lien, identify deadline risks, and advise on your options for resolution or litigation before the window closes. We also advise contractors and subcontractors on lien validity, enforcement deadlines, and lien-release strategy.