Are there timing considerations when filing a mechanic’s lien in Virginia?
When filing a mechanic’s lien in Virginia it is very important to make sure contractors and subcontractors are aware the timing requirements. Not abiding by the requirements could lead to not being able to file a mechanic’s lien and recover your funds or it could lead to a lower recovery than would have otherwise been possible. The time within to file a mechanic’s lien is 90 after the last day of the month when the work was last completed. For example, if the last day of work was the 10th of the month, you have 90 days from the last day of that month to file the mechanic’s lien. If you wait past that date, the lien cannot be filed. In addition, the lien can only look so far back. Each lien only has a look back period of 150 days from the last day of work. No work or labor outside of these 150 days can be included in the mechanic’s lien. In fact, the entire lien is invalid if there is an amount included that is outside the 150 day window. To recover funds outside of the 150 days period, multiple mechanic’s liens can be filed. Keeping in mind the timing to file and the look back period will help a contractor or subcontractor recover the full amount of funds owed.