Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Tag Archives: Johnson Controls

Bond Principal Necessary on a Mechanic’s Lien Claim

Originally posted 2013-10-23 09:15:48.

Map of Virginia highlighting Fairfax County
Map of Virginia highlighting Fairfax County (Photo credit: Wikipedia)

As anyone that reads this construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me.

One option for dealing with a mechanic’s lien here in Virginia that we have not discussed but so often is the ability to “bond off” a lien.  In short, the Virginia statute allows a party to essentially substitute a bond valued at a court set multiple of the principal amount of the mechanic’s lien for the memorandum.  In exchange, the lien is released of record.  Any enforcement action can still proceed with security for the claimant and the property owner feeling better about things because there will be no lien on the title to the land.

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About Construction Law Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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