Virginia Preliminary Notice Guide
A Quick Reference for Contractors, Subcontractors & Material Suppliers
Introduction
Virginia generally does not require a universal preliminary notice on private construction projects. However, contractors, subcontractors, suppliers, and design professionals must comply with Virginia’s mechanics lien statutes and filing deadlines to preserve their right to payment.
Who Must Send a Preliminary Notice?
A traditional preliminary notice is generally not required for most private projects. The following parties may have mechanics lien rights if they comply with Virginia law:
- General Contractors
- Subcontractors
- Material Suppliers
- Equipment Rental Companies
- Labor Providers
- Specialty Trade Contractors
- Architects
- Engineers
- Surveyors
- Landscape Contractors
Who Receives the Notice?
- Property Owner
- Clerk of the Circuit Court when recording a lien
- Other parties as required under Virginia law
Key Deadlines
Requirement | Deadline |
Preliminary Notice/notice to Mechanics’ Lein Agent make a new box for Notice to Mechanics Lien Agent plz | Not generally required required to be sent to the Mechanics’ Lien Agent specified in the building permit |
Mechanics Lien Filing | Generally within 90 days after the last day of the month in which labor or materials were furnished, and within 90 days for the date the work is completed |
Service of Lien | As required under Virginia law |
Lien Enforcement | Generally within 6 months after filing the memorandum of lien or 60 days after the project is complete or termnated |
Frequently Asked Questions
Does Virginia require a preliminary notice?
Generally, no.
Can subcontractors file a mechanics lien?
Yes, if statutory requirements are met.
Can material suppliers file a mechanics lien?
Yes.
Does this apply to residential construction?
Yes.
Does this apply to commercial construction?
Yes.
When must a mechanics lien be filed?
Generally within the statutory deadlines established by Virginia law.
What happens if I miss the filing deadline?
You may lose your lien rights.
Do general contractors have lien rights?
Yes.
Can Caprenos help prepare Virginia lien documents?
Yes.
Why should I monitor deadlines?
Virginia strictly enforces mechanics lien filing requirements.
How Caprenos Can Help
Caprenos helps contractors, subcontractors, suppliers, equipment providers, and design professionals prepare Virginia lien documents, monitor important statutory deadlines, and protect their payment rights throughout Virginia.
Disclaimer: All timelines, deadlines, and legal requirements provided are for informational purposes only, may vary based on applicable law and project-specific circumstances, and should always be confirmed with a qualified attorney.