Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Virginia.

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.

Throughout our site you can find more resources on the process of filing a mechanic’s lien and filing preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.