Virginia has two numbers that work together: 90 days to record the lien and a 150-day lookback on what it can include. Put a charge in your lien for work more than 150 days before your last day (other than retainage), and the Virginia Supreme Court has held the whole lien can be thrown out.
Quick answer: Record a memorandum of lien within 90 days after the last day of the month you last worked (but no later than 90 days after the job is completed). It can only include work from the 150 days before your last day, plus up to 10% retainage. Sue within 6 months of recording (or 60 days after completion, if later).
Virginia lien deadlines at a glance
| Step | Who | Deadline |
|---|---|---|
| Mechanics' Lien Agent notice (1-2 family homes, if an MLA is named) | Everyone | 30 days after first furnishing or permit issuance |
| Memorandum of lien | Everyone | 90 days after the end of the month of last work, but no later than 90 days after completion |
| Lookback limit | Everyone | Only work from the last 150 days, plus retainage up to 10% |
| Enforcement suit | Everyone | Later of 6 months after recording or 60 days after completion |
Who can file a lien in Virginia
Anyone who performs labor or furnishes materials worth $150 or more for a structure, including GCs, subs and sub-subs, can lien. Work done without a required Virginia contractor license, or under the wrong license class, gets no lien.
Notices before the lien
On commercial jobs there's no general preliminary notice. On one- and two-family homes, check the building permit. If it names a Mechanics' Lien Agent, notify that agent within 30 days of first furnishing (by registered or certified mail or physical delivery). Late notice limits your lien to work done after the notice.
Filing the lien
Record a sworn memorandum of lien in the circuit court clerk's office where the property sits. The deadline is 90 days after the last day of the month you last worked, but no later than 90 days after the building is completed. Subs must also give the owner written notice of the amount and character of the claim, and sub-subs must notify the GC.
Residential jobs
On one- and two-family homes, the building permit must be posted, and the Mechanics' Lien Agent notice applies if an agent is named.
After you file
A GC's memorandum must certify that a copy was mailed to the owner. Subs and sub-subs serve the owner (and sub-subs the GC) with written notice using the statutory forms. You must sue to enforce by the later of 6 months after recording or 60 days after completion.
Mistakes that cost Virginia contractors their lien
- Including charges more than 150 days before your last day of work (other than retainage), which can void the entire lien.
- Not checking the permit for a Mechanics' Lien Agent on a home job.
- Counting the 90 days from your last work date instead of from the end of that month (or from completion, if earlier).
Missed the deadline or the lien didn't pay?
The debt doesn't go away when lien rights do. The party that hired you still owes you, and we can pursue it through construction collections on contingency, 10% to 33%, with no charge if we don't collect. Here's what you can still do.
Still in your window? We prepare, file and serve Virginia liens, usually in about 2 business days. Start a lien →
Frequently asked questions
How long do I have to file a mechanics lien in Virginia?
90 days after the last day of the month you last worked, but no later than 90 days after the building is completed or work ends.
What is the Virginia 150-day rule?
Your lien can only include work or materials furnished within 150 days before your last day of work, plus up to 10% retainage. Including older charges can invalidate the whole lien.
How long does a Virginia lien last?
You must file suit by the later of 6 months after recording or 60 days after the job is completed.
This article is general information, not legal advice. LevelSet Collections is not a law firm. Deadlines are based on Code of Virginia §§ 43-1 through 43-23.2 as of October 2026, and lien laws change. Confirm your dates for your specific job. Sources: Va. Code § 43-4, Va. Code § 43-4.01, Va. Code § 43-17.
Owed money on a Virginia job?
Liens from $199, filed in about 2 business days. Call (469) 694-8003.
