Virginia mechanics' liens and payment bonds: the 90-day and 150-day rules

This is a summary of the deadlines in the Code of Virginia, not legal advice. Deadlines are strict and missing one usually ends the claim.

Private projects: memorandum of lien

Under Va. Code § 43-4, a general contractor (and, by cross-reference, subcontractors and suppliers) must file a memorandum of lien in the clerk's office of the county or city where the property is located no later than 90 days from the last day of the month in which the claimant last performed labor or furnished materials, and in no event later than 90 days after the structure is completed or the work otherwise ends.

A memorandum may not include sums for labor or materials furnished more than 150 days before the last day of work preceding the filing, except retainage of up to 10% and certain sums under contracts with the owner.

Enforcing the lien

Under § 43-17, suit to enforce must be brought within six months after the memorandum was recorded or 60 days after the structure was completed or the work terminated, whichever is later.

Public projects: payment bonds

Public property is not subject to mechanics' liens, so subs and suppliers rely on the prime contractor's payment bond. Va. Code § 2.2-4337 requires a payment bond on nontransportation public construction contracts over $500,000 and on Commonwealth-funded transportation projects over $350,000.

Under § 2.2-4341, a claimant who contracted directly with the prime may sue on the bond if not paid in full within 90 days after its last work. A claimant who contracted with a subcontractor must give written notice to the prime within 90 days of its last labor or materials. Any action on a payment bond must be brought within one year after the claimant last performed labor or furnished materials.

Summary for general information, reviewed 2026-10-30. Not legal advice; check the source before relying on a deadline or threshold.