Virginia

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COMMERCIAL:

  • Upfront Notice:
    • First Notice—Preliminary Notice (Notice of Contract):
      • This is an optional notice, but serves the purpose of keeping the option open of holding the Owner or General Contractor liable for monies owed.
      • BICA sends this notice as our upfront notice on Virginia commercial jobs.
      • Is only effective when followed up with the second notice after completion of deliveries.
  • Follow-up Notice (if not paid):
    • Second Notice—Statement of Claim:
      • This notice is used to make Owner or Contractor personally liable for monies owed if money has not yet been paid out.
      • This notice is optional. It is not required in order to file a Memorandum of Lien.
      • It requires that the Notice of Contract (First Notice) was sent.
      • Required after the claimant’s work or deliveries are completed and before 30 days after project completion or termination.
      • It is only effective on monies not yet paid out so should be filed sooner than later.
      • It must be verified by affidavit.
      • This notice is available on the BICA member portal.

RESIDENTIAL:

  • Same handlings as for Commercial jobs, with the addition of the following:
  • Upfront Notice:
    • Notice to Mechanics’ Lien Agent:
      • Required to be sent to the Mechanics’ Lien Agent specified in the building permit.
      • Should be sent within 30 days of first delivery.
      • If no building permit issued, or Mechanics’ Lien Agent is not identified on the building permit, this notice is not required.
      • A building permit can be issued later on the job and if so you have 30 days from issuance to send your Notice to Mechanics’ Lien Agent.
        • If BICA’s initial research has verified there is no building permit or no Mechanics’ Lien Agent assigned on the building permit, we will check again 25 days later in case a building permit with Mechanics Lien Agent has now been issued.

PUBLIC:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice:
    • Notice to Contractor (“Little Miller Act”):
      • Required within 90 days of last delivery.
      • This notice is available on the BICA member portal.