30-Day Notice on Residential Projects in Virginia
On January 7, 2009
By Scott Wolfe Jr
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The notice requirements in Virginia are fairly straight-forward.
According to the Code of Virginia, lien notice must only be provided on single or two family residential projects, and only if a Mechanics Lien Agent (MLA) is designated by the property owner in the project’s building permit.
If a MLA has been designated, the notice must be provided within 30 days of the contractor beginning work. If provided later, a contractor can only lien for materials or labor provided 30 days prior to the sending of notice, and beyond.
Notice must not take a particular form, but it does have to include (1) The name, mailing address and telephone number of the person (or company) sending the notice; (2) The building permit number; (3) A description of the property as shown on the building permit; and (4) A statement that the person filing such notice seeks payment for labor performed or material furnished
While the rule is simple and requires notice only in limited circumstances, the difficulty really becomes determining whether a MLA has been designated, and who exactly the MLA is.
A contractor can usually contact the building departments to get the mechanics lien agent on file. However, Express Lien can also investigate this matter for the contractor when preparing the 30-day notice.
About the Author: Scott Wolfe Jr
A construction attorney and entrepreneur. Scott is a native of New Orleans, Louisiana, obtaining his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007 and 2008 New Orleans City Business magazine named Scott Wolfe, Jr. as one the 50 Leaders in Law. The son and grandson of general contractors, Scott Wolfe, Jr. is a construction litigator in Louisiana and Washington, and the founding member of the bi-coastal firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. Scott is also the founder and CEO of The Web Lab, InCharge Technology, Blog No Evil, Inc., Publius, Inc. and Two Cities Publishing, LLC.
Scott,
One more point to be made here is that the failure to provide a lien notice in these circumstances can be fatal as well. Make sure that all of your clients check the building permit as a first step on any residential project.