Mechanic’s Liens

Virginia Mechanic's LiensGiven the economy and the construction landscape, mechanic’s liens are becoming more and more useful and necessary.  This is particularly true in Virginia where mechanic’s liens are perfected upon filing of the lien and therefore they are a secured claim in a bankruptcy court.  Please check out the posts on this page for more on this important tool in a construction contractor or subcontractor’s collection arsenal.

Once you have read these posts, please contact an experienced construction attorney to make sure that you meet all of the specific and technical requirements for filing and maintaining a mechanic’s lien action in Virginia.

Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

Aside from waiver of lien rights (something that will be illegal in Virginia after July 1, 2015), the most troublesome contractual impediment to payment for a subcontractor or supplier on a project often is the “pay if paid” clause.  As a general rule, in Virginia, these clauses where drafted in the proper fashion, are enforceable. …

Update Relating to SB891 and Bond Claim Waivers

Several bills were passed and will go into effect on July 1, 2015 that affect the construction industry here in Virginia.  The most interesting of these was an amendment to the mechanic’s lien statutes relating to waivers of lien rights. As I posted in March, SB891 amended the mechanic’s lien statute, Va. Code Section 43-3,…

July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors

As always seems to be the case, this year, as in others, the Virginia General Assembly has seen fit to “tweak” a few construction related statutes.  All of these changes will go into effect on July 1, 2015. The big one, and one that I posted about a while back is the change to the…

Back Posting with Thoughts on Lien Waivers

After a week of being unable to post due to the rigors of my solo construction practice, I’m back on the blogging train.  For those of you that missed my new musings this past week, I hope that you had a chance to look through some of the past Guest Post Friday posts for some…

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