Who the deadlines apply to
Virginia's mechanics lien law is Va. Code tit. 43, ch. 1, and § 43-1 sorts claimants by contract. A general contractor includes contractors, laborers, mechanics and persons furnishing materials who contract directly with the owner, and a subcontractor includes those who contract with the general contractor instead [3]. The table lists suppliers and laborers under both classes.
The memorandum of lien [5] and the suit [6] are single rules listed for all five roles on any project type. The preliminary notice stage holds three rules, each on its own condition, and the service stage one, for the general contractor class [5].
How the periods run
Notice to the mechanics' lien agent. Where the building permit names a mechanics' lien agent, except for a lien claimed under subsection B of § 43-3 or a memorandum of lien recorded before the permit is issued, § 43-4.01(C) sets a notice for residential work, listed for all five roles. Its period is 30 days after the first date that he performs labor or furnishes material to or for the building or structure [1]. Without it, no lien may be claimed or perfected on the dwelling unit; a late notice limits the lien to labor or materials furnished on or after the day it is given [1].
Notices to the owner. For a subcontractor, which includes contractors, laborers, mechanics and persons furnishing materials who contract with the general contractor and not with the owner, § 43-7(A) adds a written notice to the owner or the owner's agent. The rule reads In addition to complying with § 43-4, with no period stated [2]. The lien it perfects is capped at what the owner owes the general contractor when the notice is given, or comes to owe later under that contract [2].
For a person performing labor or furnishing materials for a subcontractor, § 43-9 carries the same label and sends the notice to the owner and to the general contractor, or to the agent of each. That lien cannot exceed what the subcontractor could claim under § 43-7 [4].
The memorandum of lien. Section 43-4 sets the filing period: Not later than 90 days from the last day of the month in which the claimant last performs labor or furnishes material, and in no event later than 90 days from the time the building, structure, or railroad is completed, or the work thereon otherwise terminated [5].
The copy to the owner. For a general contractor, which includes contractors, laborers, mechanics and persons furnishing materials who contract directly with the owner, the certification of mailing is filed Along with the memorandum of lien [5].
The suit. Section 43-17 runs the suit period from two events: the later of 6 months after the memorandum of lien was recorded and 60 days after the building, structure or railroad was completed or the work thereon otherwise terminated [6].
How residential work is treated
Only the lien agent notice is limited to residential work [1]. For such a dwelling, § 43-4.01(A) has the building permit posted on the property before any labor is performed or material furnished, and kept there until all work is completed [1].
Counting the days
Under Va. Code § 1-210(A), the day of the event that starts a period is not counted [7]. When a last day lands on a Saturday, Sunday or legal holiday, or on a day the state or local government office where the act is due is closed, the act may be done on the next business day, at every stage [7]. A day the Governor closes state government counts as a legal holiday [7], and § 2.2-3300 adds any day the Governor or the President appoints [8].
What changed recently
The chapter reads with § 43-4 as amended in 2019 (c. 243) [5], § 43-4.01 as amended in 2013 (c. 293) [1], § 43-7 in 1984 (c. 521) [2] and § 43-17 in 1956 (c. 399) [6].