Chicago Title Insurance Company, NCS

– 53 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Any person providing labor or materials to construct, remove, repair, or improve a building on real estate. Includes architects. Cain v. Rea, 159 Va. 446, 451, 166 S.E. 478, 480, 85 A.L.R. 945 (1932). VACODE § 43-3 DEADLINE TO PERFECT Memorandum of lien must be filed by 90 days from the last day of the month (because of this, we require a lien waiver certifying no work within the last 120 days ) in which specific claimants’ labor or materials last provided, but no later than 90 days from date of total project completion or termination. VACODE § 43-4 BROKEN PRIORITY For the purposes of priority, lien date relates back to date of commencement. No apparent requirement that commencement be visible. NOTE: DOT/Mortgage Recorded before Commencement: will only have priority, but as to the land only (subordinate to any improvements) Walt Robbins, Inc. v. Damon Corp., 348 S.E.2d 223, 226, 232 Va. 43, 47 (Va.,1986). No apparent exceptions for purchase money or construction liens. VACODE § 43-21 DURATION OF LIEN Lien will expire if not enforced by the later of 6 months after the memorandum of lien recorded or 60 days after building or structure completed or work terminated. VACODE § 43-17 CONTENTS OF LIEN (1) Verified statement by lien claimant/agent; (2) name and address of owners of property charged; (3) name and address of lien claimant; (4) amount due; (5) the time at which amount became or will become due and payable; (6) date from which interest is claimed; (7) statement declaring intention to claim benefit of lien; (8) brief description of property sufficient for ID; and (9) claimant’s license or certificate number. NOTE: General contractor must also file a certification of mailing. Substantial compliance required. Sufficient as long as not misleading about nature of debt. Desai v. A. R. Design Group, Inc., 2017, 799 S.E.2d 506, 293 Va. 426. VACODE § 43-4 NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN VIRGINIA VIRGINIA