Virginia mechanics lien: what to do when a customer won't pay, the deadline, and the letter to send

  • Free. The demand letter and deadline worksheet download links come by email.
  • Deepsel is our product: free estimate, invoice and scheduling software for contractors (scheduling, quotes, invoicing, card payments). The section before the FAQ says where it fits and where it doesn't.
  • Not legal advice. Have a Virginia attorney look at your letter and your lien before you record it.

Send a written demand first. If that fails, record a memorandum of mechanics' lien with the circuit court clerk where the house is, and mail the owner a copy. The deadline is the earlier of 90 days after the end of the month you last worked, or 90 days after the job was finished or stopped. For a job you contracted directly with the homeowner, that usually means 90 days from your last day on site.2,4 Then you have six months from recording to sue to enforce it, or the lien is dead.11 Under $5,000, small claims court is often the cheaper road.17

I put the letter and the dates into a free download: a demand letter with a plain notice of intent to lien, and a worksheet that walks you from your last day of work to every deadline below. Get it three ways: make your own copy in Google Docs, download the Word version (.docx), or download the PDF. Pick a format, enter your email and I'll send the links.

"Customer refuses to pay. What should we do?" is one of the questions new owners ask most (r/Roofing). It's also an expensive one to get wrong. A painter described a friend who waited six months for his money and "had to take a line of credit inorder to pay his painters" (r/paint). The lien guides you'll find first are mostly written by law firms and lien-filing services, for commercial subs and suppliers. This one is for a Virginia contractor of any trade, holding a Class A, B or C license, whose customer is a homeowner.

Your Virginia deadlines at a glance

Count calendar days. Write your last day of work down today, because every lien date hangs off it.

StepDaysCounted fromStatute
Notice to the mechanics' lien agent (only if the permit for a one- or two-family home names one)30Your first day of work, or the permit date if you started before the permitVa. Code § 43-4.013
Record the memorandum of lien90, the earlier of two countsThe last day of the month you last worked, or the day the job was finished or stopped§ 43-42
What the lien may claim150 backYour last day of work. Older work can't be in it (retainage up to 10% excepted)§ 43-42
Mail the owner a copy (general contractor)Same dayRecording; the certificate of mailing is filed with the memorandum§ 43-42
Sue to enforce the lien6 months (or 60 days after completion, if later)The day the memorandum was recorded§ 43-1711
Owner pays your invoice, if the prompt payment law reaches your job (see below)60; notice of any amount withheld in 45The owner's receipt of the invoice for finished work§ 11-4.615
General contractor pays a subThe earlier of 60, or 7 after the GC is paidThe sub's invoice§ 11-4.615
Sue on the contract (small claims or district court)5 years written and signed, 3 years verbalThe breach, usually the missed payment§ 8.01-24618

A worked example. Your last day on a job was October 9, 2026, and that's the day you finished. Count A is October 31 plus 90 days: January 29, 2027. Count B is October 9 plus 90 days: January 7, 2027. The earlier one wins, so January 7 is your last day to record, and the lien may claim only work done on or after May 12, 2026. If you record on December 15, you must sue by June 15, 2027. If a deadline lands on a weekend, a holiday or a day the clerk's office is closed, it moves to the next business day, but don't build your plan on that.23

Customer refuses to pay: the first steps, in order

1. Decide whether to stop work

If the job is finished, skip this. If it isn't, be careful. The Board for Contractors treats "the unjustified cessation of work under the contract for a period of 30 days or more" as abandonment, a prohibited act on your license.14 A pause your contract allows for late payment, announced in writing, is a justified one. Our Virginia contract template has that clause (Section 4.4) and a right to end the contract after a payment is 15 days late following a written reminder (Section 8.3). Without a clause like that, keep working on the parts already paid for and call a lawyer before you walk off.

2. Put it in writing

Call first. Then send an email the same day that says what was agreed, what's owed and when you expect it. Texts and calls are easy to deny later, and a court or a lien suit runs on paper: the contract, change orders, invoices, payments and photos.

3. Send the final invoice, then the demand letter

The invoice states the balance and a due date. If that date passes, the demand letter states the balance again, gives a short deadline (I use 10 days), asks the customer to put any dispute in writing, offers a payment plan, and says you'll record a lien if it isn't resolved. Virginia sets no wording for that warning, so the letter in the download uses plain words and cites §§ 43-3 and 43-4. Send it by certified mail and email. Only mention a lien you can still file: right license, $150 or more, inside the deadline.

4. Offer a payment plan, in writing

A signed plan with dates and amounts beats a promise on the phone. Watch the calendar while you talk, though. Nothing in § 43-4 pauses the lien deadline for negotiation, so a plan whose last payment falls after your recording date can leave you unsecured.2 If the plan runs past it, ask a lawyer about recording the lien anyway and releasing it when you're paid (the court's release form is CC-1515).8

5. Call a lawyer when

  • You're within a month of the recording or enforcement deadline.
  • The amount is more than you'd lose without much pain, or more than $5,000 (above small claims).
  • The customer says your work was defective and wants money back. That can turn a payment dispute into a claim against you.
  • You're a sub, or there's a lender, a sale or a bankruptcy involved.
  • It's time to sue to enforce the lien. That's a circuit court case, and I'd hire help for it.

The Virginia mechanics lien on a home

Who may file: the license comes first

Virginia gives a lien to anyone "performing labor or furnishing materials of the value of $150 or more" for building or repairing a structure. Two limits matter on home jobs. For repairs to an existing house, "no lien shall attach ... unless such repairs or improvements were ordered or authorized by the owner, or his agent," so a tenant's service call may give you no lien on the house. And a person who works "without a valid license or certificate issued by the Board for Contractors ... or without the proper class of license for the value of the work to be performed ... shall not be entitled to a lien."1

The class matters as much as the license. Class C covers single contracts over $1,000 and under $30,000, Class B from $30,000 to under $150,000, Class A from $150,000.13 A Class C contractor who signed a $35,000 kitchen has no lien on it. Jobs of $1,000 or less need no license, so a handyman owed $600 can still lien; the court form has you certify that no license was required.8

Without the license you lose more than the lien. The contract itself "shall not be enforceable by the unlicensed contractor" unless you performed substantially in good faith and didn't know a license was required, and a license you let lapse creates a presumption that you knew.13 Check your status on DPOR's License Lookup, and see the license pages for contractors and handymen, electricians, plumbers, HVAC and roofers.

No pre-job notice, except the mechanics' lien agent

A general contractor in Virginia sends no notice before or during the job to keep a lien. The lien doesn't depend on a written contract either, though the Board's rules require licensees to use one on residential work (the contract page covers what goes in it).14 Plenty of contractors learn that the hard way. "I know I'm an idiot for not having her sign a contract," one new builder wrote (r/Roofing).

The one residential rule is the Virginia mechanics' lien agent. On a one- or two-family home, the building permit is posted on site, and the owner may name a mechanics' lien agent on it (a lawyer, title company or bank). If the permit names one, you send that agent a notice by registered or certified mail or hand delivery "within 30 days of the first date that he performs labor or furnishes material." The notice lists your name, address and phone, your license number with its issue and expiry dates, the permit number, the property as described on the permit, and a statement that you seek payment for your work. Miss the 30 days and you can still lien, but only for work done after you send it. No agent on the permit, no duty. If no permit is posted, you're expected to ask the building department whether one was issued and who the agent is.3 I found no other owner-occupied or residential condition in the lien chapter.12

The Virginia mechanics lien deadline, and what counts as your last day

Section 43-4 says to file "not later than 90 days from the last day of the month in which he last performs labor or furnishes material, and in no event later than 90 days from the time such building, structure, or railroad is completed, or the work thereon otherwise terminated."2 The General Assembly's own summary of that rule, the notice it puts in home purchase contracts, says "the earlier of" the two.4 The end-of-month count helps a sub whose part finished while the house was still being built. When you're the contractor the homeowner hired and your last day is the day the job ended, the second count controls: 90 days from that day. If you walked off or were fired, the clock starts when the work stopped.

What counts as your last day? Work the contract still required does. In Dominion Trust Co. v. Kenbridge Construction Co. (1994), contract work done after an architect certified the building "substantially complete" moved the deadline, and the Supreme Court of Virginia noted that this "was not correction of previous work or warranty repairs." It also said a contractor who stalls in bad faith to stretch the deadline doesn't get the benefit.5 In American Standard Homes Corp. v. Reinecke (1993), replacement materials sold later on a separate order were a separate contract and didn't save liens on the first one.6 So punch-list items your contract requires count. A warranty callback, or going back to fix your own finished work, probably doesn't, and a new job for the same customer has its own deadline.

Then the 150-day rule, the one that sinks liens on long jobs. No memorandum may "include sums due for labor or materials furnished more than 150 days prior to the last day on which labor was performed," except retainage up to 10% of the contract price.2 Get it wrong and you lose the whole lien, the valid part included. In Smith Mountain Building Supply v. Windstar Properties (2009), a supplier on two houses claimed $15,253.44 and $51,835.34 when only $1,422.80 and $13,593.65 fell inside the window, and the court held both liens "invalid and unenforceable."7 If part of what you're owed is older than 150 days, leave it out of the lien and sue for it on the contract.

This rule may change. Two 2026 bills would have rewritten parts of the lien chapter: HB752 would remove the 150-day limit, and HB42 would extend the lien-agent rules beyond one- and two-family homes. Both were held over to the 2027 session, which opens in January, so check this page before you rely on it next year.22

How to file a mechanics lien in Virginia: the form, the fee, the owner's copy

  1. Use the court's form. CC-1512 for a general contractor (the form to use if the homeowner hired you directly), CC-1513 for a subcontractor, CC-1514 for a sub's sub or supplier.8 The memorandum shows the owner's and your names and addresses, "the amount and consideration" of the claim, when it was due, "the date from which interest is claimed," a brief description of the property, and your license number with its issue and expiry dates.2 The form also asks for the parcel or tax map number.8
  2. Swear to it. The affidavit on page two is signed before a notary, a clerk or a deputy clerk.8
  3. Record it in the circuit court clerk's office for the county or city where the property is.2 The circuit courts' fee schedule lists a mechanic's lien at $29, after the July 1, 2026 rise in the technology fee from $5 to $8.9 Prince William County charges $29 e-recorded and $34 on paper.9
  4. Mail the owner a copy to their last known address and sign the certification of mailing on the form. A general contractor files that certification with the memorandum.2 Certified mail with a return receipt is "prima facie evidence of receipt" for notices under the chapter, so I'd use it.10

You can record "any number of memoranda," which helps on a long job: record as you go, each inside its own 150 days.2

Enforce it within six months or lose it

"No suit to enforce any lien ... shall be brought after six months from the time when the memorandum of lien was recorded or after sixty days from the time the building ... was completed or the work thereon otherwise terminated, whichever time shall last occur."11 The suit goes to the circuit court for the county or city where the property is or where the owner lives, with "an itemized statement of [your] account" verified by affidavit.11 The interest rate in your contract can ride on the lien, but attorney's fees can't: Reinecke enforced liens at an 18% contract rate and refused the fees, which you'd have to win as a separate claim on the contract.6

An overstated or wrongful lien

Small mistakes are forgiven: an inaccuracy doesn't kill the lien if the property can be identified, the memorandum substantially complies, and it "is not wilfully false." Deliberate padding does. Anyone who, "with intent to mislead," includes work not performed or materials not furnished "shall thereby forfeit any right to a lien."12 The 150-day mistake voids the lien whatever your intent (Smith Mountain, above). And the owner can petition the circuit court for a hearing on the lien's validity at any time; if it's invalid, the court orders it released from the record.12 I found no section in the chapter that sets money damages for a bad lien. Losing the lien is penalty enough, so claim only what's owed.

Subcontractors and suppliers

Most of this article assumes the homeowner hired you. If a general contractor hired you (common for electricians, plumbers and HVAC on remodels), three things change.10

  • You record on CC-1513 and also give the owner written notice "of the amount and character" of your claim.
  • Your lien can't exceed what the owner still owes the general contractor when you give notice, or comes to owe later. A homeowner who paid the GC in full has a complete defense.
  • A preliminary notice to the owner, then a second sworn notice within 30 days after the building is completed, can make the owner personally liable to you, again only up to what the owner owes the GC. Send notices early on any job where the GC looks shaky.

Separately, Virginia's prompt payment law requires the GC to pay you "within the earlier of (i) 60 days of the receipt of an invoice ... or (ii) seven days after receipt of amounts paid by the owner," and a pay-if-paid clause is unenforceable unless the party paying the GC is insolvent or bankrupt.15

Lien waivers: when to sign

You can't sign away your lien in the contract before you start: a provision that waives lien rights "in a contract executed prior to providing any labor, services, or materials is null and void." After that, a lien right "may be waived in whole or in part at any time."1 Virginia sets no standard waiver form, so the paper says whatever its writer chose. Sign a waiver only for money that has cleared your bank, and write the amount and the date it covers on it. Forging a waiver is a felony.12

Other ways to get paid

Virginia small claims: the limit and the fee

The small claims division of the general district court hears money claims up to $5,000, not counting interest. No lawyer represents either side, and an LLC or corporation can be represented by "an owner, a general partner, an officer, a member, or an employee." The customer can move the case to the regular general district court before the judge decides.17 Above $5,000, the general district court hears claims up to $50,000.17 Either way you file a warrant in debt (DC-402 for small claims). Fees vary by court: Fairfax County's general district court lists $52 plus $12 for each defendant served.17 You have five years to sue on a written contract the customer signed and three on a verbal deal.18 If your lien deadline is still open, record the lien too: the lien chapter's remedies are "cumulative," so a lien and a suit on the contract can run side by side.12

Interest and attorney's fees

Virginia's judgment rate is 6% a year, "except that a money judgment entered in an action arising from a contract shall carry interest at the rate lawfully charged on such contract, or at six percent annually, whichever is higher." Without a rate in your contract, the court uses 6% for interest before judgment too.16 Nothing in the lien chapter gives you attorney's fees.6 So both belong in your contract: a stated late-payment rate (ask your lawyer what rate is lawful for your contracts) and a clause that the customer pays collection costs and attorney's fees.

The Virginia prompt payment act and homeowners

Section 11-4.6 says that in "any construction contract between an owner and a general contractor," the parties "shall include a provision that requires the owner to pay such general contractor within 60 days of the receipt of an invoice following satisfactory completion of the portion of the work." An owner who withholds money must say so in writing within 45 days, naming the problem and the amount, and late payment carries interest under the state-payment rule in § 2.2-4355, which uses the prime rate.15 The definition of owner excludes only public bodies, and I found no carve-out for homeowners in that subsection (the single-family exclusions in § 11-4.6 apply to other parts). Whether it reaches a homeowner's contract is a question for your lawyer. A due date shorter than 60 days fits inside it, so put your own terms in writing either way.

A collection agency

An agency is the last step before writing it off. A homeowner's bill for their own house is a consumer "debt" under the federal Fair Debt Collection Practices Act, and an agency collecting it for you is a "debt collector" bound by that law. You, collecting your own invoice in your own name, generally aren't, but a creditor who uses "any name other than his own" to look like a third party becomes one.19 Ask the agency what share it keeps, get it in writing, and stop contacting the customer yourself once it takes the account.

Card payments

If the customer paid part of the job by card and then disputes the charge, answer through your card processor before its deadline, with the signed quote or contract, change orders and photos of the finished work.

The Recovery Fund isn't for you

The Virginia Contractor Transaction Recovery Fund pays homeowners, up to $30,000 per transaction, when they hold a court judgment against a licensed contractor for "improper or dishonest conduct" and can't collect it. "Mere breach of contract" doesn't count, and another licensee can't claim.20 So it never pays a contractor. Where it touches you: a homeowner who sues you must serve the Board with a copy of the complaint, and failing to satisfy a judgment is a prohibited act on your license.20,14 Keep the dispute about money owed, and pay any judgment against you.

Notes by trade

Roofers: the deductible and the claim money

On insurance jobs the deductible is the part that goes unpaid. One roofer's habit: "I always collect a separate check for the deductible with deductible written in the memo line" (Reddit). From January 1, 2027, Virginia bars any contractor from knowingly or willfully paying, waiving or rebating the deductible on an owner-occupied home, and claim ads must tell owners they're "responsible for payment of any insurance deductible."21 So bill it like any other balance and lien for it like any other balance. The claim money is the homeowner's way of paying you, not a condition of owing you: write the contract price, deductible included, as the amount due. The Virginia roofing license page covers the 2027 notices.

Electricians, plumbers and HVAC: bill by stage, and don't hold the inspection

On anything bigger than a service call, bill at rough-in and at final instead of one invoice at the end. You're never owed much, and each stage's money stays inside the 150-day window.2 When you pull the permit on a one- or two-family home, look for a mechanics' lien agent on it and send the 30-day notice then, while it's easy.3 And don't hold the final inspection back to force payment. "Failure to obtain a building permit or applicable inspection, where required" is a prohibited act, so the customer's late payment becomes your license problem.14 Call for the inspection, invoice on the pass, and use the lien if the money doesn't come. On service work, remember the $150 floor and the owner-authorization rule for repairs.1

General contractors and remodelers: the punch list and the final payment

The fight is usually the last 10%. "Client withholding $6,000 over a small crack in a concrete patio. Suggestions?" (r/Contractor). Under Dominion Trust, punch-list items your contract requires are still contract work, so your lien clock runs from the day you finish them, as long as you don't stall in bad faith.5 Finish the list fast, photograph it, send the final invoice the same day, and put the dates on the worksheet. Don't let an argument about a crack run you past the 90 days.

What to do this week if a customer owes you now

  1. Write down your first day and last day of work on the job, and whether the job is finished or stopped. Work out your recording deadline: the earlier of the two counts above.
  2. Look up your license on DPOR's License Lookup. Is it active, and does the class cover the contract price?
  3. Find the building permit. If it names a mechanics' lien agent and you haven't sent the notice, send it by certified mail today.
  4. Send the final invoice if you haven't. If it's already past due, send the demand letter by certified mail and email, with a pay-by date well before your recording deadline.
  5. Pull together the contract, change orders, invoices, payment records, photos and messages into one folder.
  6. Get the owner's exact name and the parcel or tax map number from the county's land records or GIS site.
  7. Download Form CC-1512 (or CC-1513 if you're a sub) and fill it in, claiming only work inside the 150 days.
  8. Put three dates on your calendar: record the lien a week before the deadline, call a lawyer five months after recording, sue before six months.
  9. Owed $5,000 or less and past the lien window? Prepare a warrant in debt for small claims.

The free demand letter and deadline worksheet

Two printable parts. The demand letter has blanks for the job and the account (price, payments, balance), a pay-by date, a request to put any dispute in writing, a payment-plan offer, and a plain notice of intent to record a mechanics' lien under §§ 43-3 and 43-4, with grey notes on when to leave that paragraph out. The worksheet starts from your last day of work and gives each deadline in this article with its days, a blank for your date, the statute and a box to tick, then a check before you record. Copy it in Google Docs, or download the Word file or the PDF.

More for new contractors

Where Deepsel fits

Deepsel is the field service software I build, and it helps with the paper trail and the asking, not the law. Every invoice gets a due date, the invoice list shows what's overdue with a running total, and an invoice shows the date and time the customer first opened it. Once you've connected card payments, the customer can pay the balance by card from the invoice link (3.3% + 30¢ on Free). On the front end, customers approve quotes online with an on-screen signature, and the record keeps their name, the time and the IP address, with your shop's terms copied onto every quote. That's where your late-payment and attorney's-fee clauses can sit. Visit photos and the job's activity list show when each visit was finished, which is the record you want when someone asks about your last day of work. What it won't do: it doesn't send overdue reminders on its own (you press Resend), charge late fees or interest, track lien deadlines, or prepare a lien or a demand letter. Free covers 30 estimates and 30 invoices a month for your whole team; Pro is $29 a month with unlimited estimates and invoices (pricing).

Free up to 30 estimates and 30 invoices a month, then $29 a month for your whole team. No credit card required.

Frequently asked questions

How much does it cost to file a mechanic's lien in Virginia?

Recording the memorandum costs $29 under the circuit courts' fee schedule since July 1, 2026: $18 to record up to 10 pages, the $8 Technology Trust Fund fee (it was $5 before July) and $3 more. Courts that take electronic filings may add up to $5 for a paper filing; Prince William County charges $34 on paper and $29 e-recorded. Add a notary and certified mail. Suing to enforce the lien costs more: the clerk's fee for a mechanic's lien suit starts at $50 before the court's other fees, and most contractors pay a lawyer for that part.

Who can't file a mechanic's lien in Virginia?

Anyone who did the work without a required Virginia contractor license, or with a license class too small for the contract price. Anyone owed less than $150. Anyone who did repairs on an existing house that the owner or the owner's agent didn't order or authorize (a tenant's call, for example). And anyone past the deadline. A subcontractor can file, but the lien can't be more than the owner still owes the general contractor, so a homeowner who paid the general contractor in full owes the sub nothing through the lien.

How long does a mechanics lien last in Virginia?

You have six months from the day the memorandum was recorded to sue to enforce it, or 60 days from the day the job was finished or stopped if that's later. In practice it's six months from recording. Miss that and the lien can't be enforced, and the owner can ask the circuit court to release it from the land records.

Do I have to warn the homeowner before I file a lien in Virginia?

Virginia doesn't require a notice of intent to lien. A general contractor mails the owner a copy of the memorandum when recording it and files a certificate of that mailing with the clerk. The one notice that comes earlier is to the mechanics' lien agent, and only when the building permit for a one- or two-family home names one. I'd still send a written demand letter first. It gives the customer one clear chance to pay before anything goes on the land records.

What is the small claims limit in Virginia?

$5,000, not counting interest. The small claims division of the general district court hears money claims up to that amount, without lawyers, and an LLC can be represented by an owner, member, officer or employee. Above $5,000 you can sue in general district court up to $50,000. You file a warrant in debt; the fee varies by court (Fairfax County's general district court lists $52 plus $12 per defendant served).

What does a mechanics lien actually do for me?

Once it's recorded, everyone is treated as knowing about it. It sits ahead of liens on the land created after your work began. And when the owner of a one- or two-family home sells or refinances, Virginia makes them sign a statement saying whether anyone who worked on the house in the last 120 days is unpaid, so an open lien tends to surface at closing. The lien doesn't pay you by itself: you collect by suing to enforce it within six months, or when the owner pays to clear it.

Sources

  1. Code of Virginia § 43-3 (A) lien for labor or materials "of the value of $150 or more"; repairs to existing structures need the owner's order or authorization; (C) advance waivers in a contract "null and void"; waiver "in whole or in part at any time" afterwards; (D) no lien without "a valid license or certificate" or "the proper class of license for the value of the work." law.lis.virginia.gov, read November 4, 2026.
  2. Code of Virginia § 43-4, "Perfection of lien by general contractor; recordation and notice": the 90-day deadlines; filing in the clerk's office of the county or city; contents of the memorandum; certification of mailing a copy to the owner; "any number of memoranda"; the 150-day limit with the retainage (10%) and not-yet-due exceptions. law.lis.virginia.gov, read November 4, 2026.
  3. Code of Virginia § 43-4.01, permit posting for one- or two-family dwellings; notice to the mechanics' lien agent named on the permit "by registered or certified mail or by physical delivery" "within 30 days of the first date that he performs labor or furnishes material"; late notice limits the lien to later work; no duty when no agent is named. Definition of mechanics' lien agent: § 43-1. 43-4.01, 43-1, read November 4, 2026.
  4. Code of Virginia § 11-2.4, the notice required in contracts for the purchase of residential real property: a lien may be filed "not later than the earlier of (i) 90 days from the last day of the month in which the lienor last performed work or furnished materials or (ii) 90 days from the time the construction, removal, repair or improvement is terminated." law.lis.virginia.gov, read November 4, 2026.
  5. Dominion Trust Co. v. Kenbridge Construction Co., 248 Va. 393, 448 S.E.2d 659 (Va. 1994), decided September 16, 1994: remaining contract work after substantial completion "was not correction of previous work or warranty repairs"; "in the absence of evidence that a contractor acted in bad faith to delay the completion of work on a project, the contractor is required to file his memorandum for mechanic's lien 90 days from the date of completion." courtlistener.com, read November 4, 2026.
  6. American Standard Homes Corp. v. Reinecke, 245 Va. 113, 425 S.E.2d 515 (Va. 1993), decided January 8, 1993: replacement materials under later purchase orders were a separate contract and did not extend the deadline; liens enforced with interest at the 18% contract rate; attorney's fees excluded from the lien. courtlistener.com, read November 4, 2026.
  7. Smith Mountain Building Supply, LLC v. Windstar Properties, LLC, 277 Va. 387, 672 S.E.2d 845 (Va. 2009), decided February 27, 2009: "the inclusion in the memoranda of charges for materials supplied outside the 150-day limitation period in Code § 43-4 rendered Smith Mountain's mechanic's liens invalid and unenforceable." vacourts.gov, read November 4, 2026.
  8. Supreme Court of Virginia, Form CC-1512, "Memorandum for Mechanic's Lien Claimed by General Contractor under Virginia Code § 43-5" (licence certification, parcel number, certification of mailing, affidavit before a clerk or notary), and its instructions (rev. 07/22: "Original – to court to be recorded. One copy mailed to the owner"); Circuit Court Forms Listing, revised 07/2026 (CC-1513 subcontractor, CC-1514 under § 43-9, CC-1515 release). CC-1512, instructions, forms list, read November 4, 2026.
  9. Office of the Executive Secretary, Circuit Court Fee Schedule (Appendix C), Rev. 07/26: "LIEN (Mechanics) ... $29.00"; Technology Trust Fund fee "increased from $5.00 to $8.00" effective July 1, 2026 (SB725); mechanic's lien suits (code MECH) "calculate a $50 clerk fee." Code of Virginia § 17.1-275(A)(2) ($18 to record up to 10 pages) and § 17.1-279 ($8 fee). Prince William County Circuit Court, "Mechanic's Lien" ($29 e-recording, $34 paper). fee schedule, 17.1-275, 17.1-279, pwcva.gov, read November 4, 2026.
  10. Code of Virginia § 43-7 (subcontractor's notice to the owner "of the amount and character of his claim"; lien capped at what the owner owes the general contractor; affirmative defense), § 43-9 (lower tiers), § 43-11 (preliminary and second notices; owner's personal liability) and § 43-14.1 (service by sheriff or certified or registered mail; return receipt "prima facie evidence of receipt"). 43-7, full chapter, read November 4, 2026.
  11. Code of Virginia § 43-17, "Limitation on suit to enforce lien" (six months from recording or sixty days from completion or termination, "whichever time shall last occur"), and § 43-22, "How liens enforced" (court of equity in the county or city of the property or the owner's residence; itemized statement verified by affidavit). 43-17, 43-22, read November 4, 2026.
  12. Code of Virginia Title 43, Chapter 1, read in full: § 43-13.1 (forged lien waiver a felony), § 43-13.3 (owner's affidavit at sale or refinance covering the last 120 days), § 43-15 (inaccuracies forgiven unless "wilfully false"), § 43-17.1 (hearing on validity; invalid lien "released from record"), § 43-21 (priorities), § 43-23.1 (forfeiture for including, "with intent to mislead," work not performed), § 43-23.2 (remedies "cumulative"). The chapter contains no "owner-occupied" rule and no 2024 to 2026 amendments. law.lis.virginia.gov, read November 4, 2026.
  13. Code of Virginia § 54.1-1100 (Class A, B and C thresholds) and § 54.1-1115 (A) Class 1 misdemeanor, (B) up to $500 a day, (C) contract "shall not be enforceable by the unlicensed contractor" except good-faith substantial performance without actual knowledge; failure to renew creates "a rebuttable presumption of actual knowledge." Department of Professional and Occupational Regulation, Board for Contractors and License Lookup. 54.1-1100, 54.1-1115, dpor.virginia.gov, read November 4, 2026.
  14. 18VAC50-22-260(B), Board for Contractors Regulations, prohibited acts: (8) residential contracting without "a legible written contract"; (14) "Abandonment, defined as the unjustified cessation of work under the contract for a period of 30 days or more"; (28) "Failure to satisfy any judgments"; (33) "Failure to obtain a building permit or applicable inspection, where required." law.lis.virginia.gov, read November 4, 2026.
  15. Code of Virginia § 11-4.6, "Required contract provisions in construction contracts" ((A) definitions; (B)(1) owner pays within 60 days, written withholding notice within 45 days, interest "consistent with § 2.2-4355"; (B)(2) general contractor pays a sub within the earlier of 60 days or 7 days after being paid; pay-if-paid unenforceable), as amended 2026, c. 1040; § 2.2-4355 (prime rate). 11-4.6, 2.2-4355, read November 4, 2026.
  16. Code of Virginia § 6.2-302, "Judgment rate of interest" (six percent, or the lawful contract rate if higher; six percent for prejudgment interest when the contract fixes none), and § 8.01-382. 6.2-302, 8.01-382, read November 4, 2026.
  17. Code of Virginia § 16.1-122.2 (small claims up to $5,000), § 16.1-122.4 (self-representation; business representatives; removal), § 16.1-77 (general district court up to $50,000); Supreme Court of Virginia, "Small Claims Court Procedures" (warrant in debt, Form DC-402; fees "may vary, depending upon the court"); Virginia Court Self-Help, "Small Claims"; Fairfax County General District Court, "Filing Civil Cases: Guide to Forms, Fees, and Copies Needed" ("$52 Filing Fee + $12 Service Fee per party to be served"). 16.1-122.2, 16.1-122.4, 16.1-77, vacourts.gov, selfhelp.vacourts.gov, fairfaxcounty.gov, read November 4, 2026.
  18. Code of Virginia § 8.01-246(A)(2) and (4): five years on a written contract signed by the party charged; three years on an unwritten contract. law.lis.virginia.gov, read November 4, 2026.
  19. Fair Debt Collection Practices Act, 15 U.S.C. § 1692a(5) ("debt": an obligation for purposes "primarily for personal, family, or household purposes") and (6) ("debt collector", including a creditor using "any name other than his own"). Cornell LII, read November 4, 2026.
  20. Virginia Contractor Transaction Recovery Act, Code of Virginia § 54.1-1118 ("improper or dishonest conduct" excludes "mere breach of contract"), § 54.1-1120 (claimant's residence; not "another licensee"; complaint served on the Board) and § 54.1-1123 ($30,000 per claimant per transaction). 54.1-1118, 54.1-1120, 54.1-1123, read November 4, 2026.
  21. Code of Virginia § 59.1-618 (effective January 1, 2027), Residential Property Owners Protection Act: (A) no contractor "shall knowingly or willfully pay, waive, or rebate all or part of an insurance deductible" on an owner-occupied property; (B)(1) claim ads must state the owner "is responsible for payment of any insurance deductible." law.lis.virginia.gov, read November 4, 2026.
  22. Virginia General Assembly, 2026 Regular Session: HB42 ("Posting of building permit; identification of mechanics' lien agent") and HB752 ("Mechanics' liens; liens attaching to property, memorandum of lien"), both "Continued to 2027 in H-Courts of Justice committee" on February 11, 2026. HB42, HB752, read November 4, 2026.
  23. Code of Virginia § 1-210(E): an act due on a Saturday, Sunday, legal holiday or a day the office is closed "may be performed ... on the next business day." law.lis.virginia.gov, read November 4, 2026.

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