Construction Document Management in Virginia

Virginia Mechanics Lien Deadlines (The 90-Day Rule)

Virginia has some of the strictest and most unique mechanics lien deadlines in the country. Under Va. Code § 43-4, a Memorandum of Lien must be filed no later than 90 days from the last day of the month in which the contractor last performed labor or furnished materials, and in no event later than 90 days from the time the building or structure is completed or the work is otherwise terminated.

This unique "last day of the month" calculation makes precise tracking of your final day on the job absolutely essential. The 90-day clock does not run from the date of last work, but from the last day of the month in which that work occurred. For example, if your last day of work was June 5, the 90-day clock begins on June 30, giving you until September 28 to file. By utilizing MyCrewTracker's Daily Reports, field supervisors generate a verifiable, date-stamped log of when work actually concluded, ensuring the back office never misses this unforgiving 90-day window.

The 150-Day Look-Back Rule

Virginia law imposes an additional limitation on what work can be included in a lien. Under Va. Code § 43-4, a memorandum of lien may not include sums due for labor or materials furnished more than 150 days prior to the last day on which labor was performed or material furnished to the job preceding the filing of such memorandum. This is a strict limitation — any amounts outside the 150-day look-back period cannot be claimed in the lien.

The 30-Day Notice to the Mechanics' Lien Agent

Under Va. Code § 43-4.01, on projects where a mechanics' lien agent has been identified on the building permit, a subcontractor or supplier must give notice to that agent. The notice must be given within 30 days of the first day of work or the first day of material delivery. Failure to provide this notice can invalidate the lien.

Virginia Lien Deadlines at a Glance

Missing a single deadline in Virginia can void your lien rights entirely. The table below summarizes the statutory deadlines every Virginia contractor, subcontractor, and material supplier must track.

How to File a Mechanics Lien in Virginia: Step by Step

The process below reflects the standard path for a Virginia contractor, subcontractor, or material supplier seeking to preserve and enforce lien rights under Title 43 of the Virginia Code.

1. Log your first day of work. If a mechanics' lien agent is identified on the building permit, the 30-day notice clock starts from your first day of work. MyCrewTracker's Daily Reports timestamp this automatically.

2. Serve Notice on the Mechanics' Lien Agent. Under Va. Code § 43-4.01, if a lien agent is identified on the building permit, send written notice within 30 days of first performing work or delivering materials.

3. Prepare the Memorandum of Lien. Under Va. Code § 43-4, the memorandum must be filed in the clerk's office of the circuit court where the property is located. It must include the amount claimed, the names of the parties, a description of the property, and the date of last work.

4. File the Memorandum of Lien. The filing deadline is 90 days from the last day of the month in which you last performed labor or furnished materials. The absolute outside deadline is 90 days from project completion or termination, whichever is earlier.

5. Ensure the 150-day look-back compliance. Verify that the amount claimed does not include sums due for work furnished more than 150 days before your last day of work.

6. File suit to enforce within 6 months. Under Va. Code § 43-17, an action to enforce the lien must be commenced within 6 months of filing the memorandum.

7. Preserve all project documentation. Daily reports, delivery tickets, change orders, and photos become evidence in the enforcement action.

Documents to Preserve for a Virginia Lien Claim

Virginia courts require strict compliance with the statutory requirements of Title 43. The following records are what you need:

• Signed contract or purchase order with the prime contractor
• Proof of notice to the mechanics' lien agent (if applicable)
• Delivery tickets signed by an authorized site representative
• Daily reports showing crew on site and work performed
• Photo evidence of installed work (timestamped and geotagged)
• Jobsite sign-in logs and crew attendance records
• Invoices, statements, and payment applications
• Email or text correspondence about scope and payment
• Change orders and extra work authorizations
• Copy of the recorded Memorandum of Lien with clerk's stamp

MyCrewTracker stores all of these in one project record. When a lien deadline approaches, the back office can generate the timeline needed to prepare the memorandum without reconstructing months of field activity.

Virginia-Specific Gotchas

The "last day of the month" rule is unique. Unlike most states where the 90-day clock runs from your last day of work, Virginia's clock runs from the last day of the month in which you last worked. This can give you more time or less time depending on the date, but it is strict and unforgiving.

The 150-day look-back limit is a hard cap. You cannot include amounts for work performed more than 150 days before your last day of work. This means that for long-duration projects, some early work may fall outside the lien's reach.

The 90-day completion trigger is absolute. Even if your last day of work was months ago, the absolute outside deadline is 90 days from project completion or termination. If the project is completed before your work ends, the clock may start earlier than you expect.

The 6-month enforcement deadline is absolute. Va. Code § 43-17 gives you exactly 6 months from filing the memorandum to commence an action to enforce it. Set two calendar reminders: one at 4 months, one at 5 months.

Public Prompt Pay Act requires 7-day payment. Under Va. Code § 2.2-4354, contractors on public projects must pay their subcontractors within 7 days of receiving payment from the state or local agency.

Pay-if-paid clauses are unenforceable. Effective January 1, 2023, Virginia law makes "pay-if-paid" and "pay-when-paid" clauses unenforceable in both public and private construction contracts.

Retainage on public projects is capped at 5%. Under Va. Code § 2.2-4334, retainage on public construction contracts is limited to 5% of the total earned sum.

Construction defect statute of repose is 5 years. Under Va. Code § 8.01-250, no action may be brought for construction defects more than 5 years after completion of the improvement. This is an absolute bar to claims.

Example Scenario: How Documentation Determines the Outcome

*The following is an illustrative scenario, not a specific case. It demonstrates how record-keeping affects outcomes in Virginia lien disputes.*

Consider a Richmond mechanical subcontractor on a $500,000 commercial office renovation. The sub first furnishes labor on March 5. No mechanics' lien agent is identified on the building permit, so no 30-day notice is required.

The sub's last day of substantial work is August 15. Under Va. Code § 43-4, the 90-day filing clock starts from August 31 (the last day of the month in which work occurred). That deadline is November 29. The sub files the Memorandum of Lien with the Richmond Circuit Court Clerk on November 20.

Under Va. Code § 43-17, the sub has 6 months from November 20 to file suit to enforce the lien. That deadline is May 20 of the following year. The sub files suit on March 15, well within the window. The lien is enforceable.

Now consider the same sub whose last day of work was August 15, but who performed some work in March that remains unpaid. Under the 150-day look-back rule, the sub cannot include the March work in the lien if it was performed more than 150 days before August 15. The March work falls outside the look-back window and must be excluded from the lien amount.

Documentation is what separates these outcomes. MyCrewTracker logs the first day of work, the last day of work, the notice dates, and the daily reports that prove performance.

Virginia Public Procurement & Prompt Pay (Va. Code § 2.2-4354)

For state and local public works, Va. Code § 2.2-4354 mandates that contractors must pay their subcontractors within 7 days after receipt of payment from the public agency, or notify the agency and subcontractor of the intention to withhold payment.

What the Virginia Prompt Pay Act Requires

• 7-day payment: Contractors must pay subcontractors within 7 days of receiving payment from the public agency
• Notification of withholding: If payment is withheld, the contractor must notify the agency and subcontractor in writing of the intention to withhold
• Interest penalty: Failure to make timely payment results in interest penalties consistent with Va. Code § 2.2-4355

To enforce these rights or defend against withholding claims, contractors must maintain flawless documentation. MyCrewTracker offers a secure cloud repository where Virginia contractors can organize dated payment applications, agency disbursement records, and formal communications to prove statutory compliance.

Virginia Private Construction Payment (Va. Code § 11-4.6)

Effective January 1, 2023, Va. Code § 11-4.6 requires both public and private construction contracts to include certain payment clauses. The statute makes "pay-if-paid" and "pay-when-paid" clauses unenforceable in most circumstances.

What Va. Code § 11-4.6 Requires

• Owner to contractor: The owner must pay the contractor within the time specified in the contract. If no time is specified, payment is due within 60 days of receipt of an invoice.
• Contractor to subcontractor: The contractor must pay its subcontractors within the time specified in the subcontract. The contractor cannot condition payment to a subcontractor on receipt of payment from the owner.
• Interest penalty: Failure of an owner to make timely payment results in interest penalties consistent with Va. Code § 2.2-4355.
• Retainage: Nothing in the statute prohibits the inclusion of retainage provisions in a construction contract.

To defend against claims of payment failure, contractors must maintain flawless documentation. MyCrewTracker offers a secure cloud repository where Virginia contractors can organize dated payment applications, disbursement records, and formal communications.

What MyCrewTracker Does (and Does Not Do) in Virginia

MyCrewTracker is a construction documentation platform, not a legal service. Here is what it does for Virginia contractors:

• Logs first day and last day of work per project so you can calculate the 90-day filing window and the 30-day lien agent notice deadline
• Stores proof of notice and Memorandum of Lien documents in the project file
• Records delivery tickets with photo and signature capture
• Captures timestamped, GPS-tagged site photos that document installation
• Generates daily report PDFs that serve as contemporaneous records
• Tracks payment application dates for Prompt Payment Act compliance
• Archives project records for 5+ years to support construction defect defense

It does not draft Memoranda of Lien, file documents with the circuit court clerk, or provide legal advice. Those steps require a Virginia construction attorney.