In the past few years, the Virginia General Assembly has, with certain caveats, precluded pre-furnishing waiver of mechanic’s lien rights. While this essentially outlawed the types of mechanic’s lien waiver clauses that pervaded construction contracts in Virginia, the key to the previous sentence is “pre-furnishing.” What the General Assembly left intact were the usual waivers […]
With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]
Originally posted 2017-08-10 10:29:16. Virginia mechanic’s liens are a powerful and tricky beast that in most cases require absolute precision in their preparation. However, an interesting opinion recently came out of the Virginia Supreme Court that may provide a bit of a “safe harbor” from the total form over function nature of a mechanic’s lien. […]
Another Reason for Contractors to Get Licensed in Virginia (UPDATED)
Originally posted 2013-01-28 09:00:45. I’ve discussed the need for licensing here at Musings. I’ve also discussed a recent attempt to mess with the residential notice requirements of the Virginia mechanic’s lien statute. A recent bill that made it out of House subcommittee, HB 1913, takes these two concepts and mixes the need for a contractors […]
Reminder About the Upcoming Mechanic’s Lien Form Change
As July 1, 2019 approaches with its inevitable changes to the Virginia Code, I wanted to remind you once again that the statutory form for a Virginia mechanic’s lien will change as of that date. HB2409 passed both houses of the General Assembly and has been signed by the Governor. This bill reconciled the language […]
90 and 150: Two Numbers You Must Know
Mechanic’s liens are a big topic here at Construction Law Musings. I’ve discussed everything from the picky nature of this powerful payment tool to the changes that are upcoming on July 1, 2019. Given the strict way that the form and timing of a Virginia mechanic’s lien is so critical, I thought a quick reminder […]