A mechanic’s lien is the one title problem that can appear on a Richmond house after a clean title search. Not because anybody made a mistake, but because Virginia gives a contractor up to 90 days to record a claim for work that was already finished before you ever saw the property.
This is the second post in our series on reading the public record on a Richmond-area property. It sits alongside easements and what an owner’s title policy actually covers.
What the lien actually is
Virginia Code section 43-3 gives anyone who performs labour or furnishes material for the improvement of a building a lien on that building and the land it sits on. General contractors, subcontractors and suppliers all qualify, though the mechanics differ between them.
The critical feature is that the lien runs against the property, not against the person who ordered the work. A seller who stiffed a roofer in June creates a problem attached to a roof you buy in September.
The 90-day window that catches buyers
Section 43-4 sets the deadline, and the wording matters. A memorandum of lien must be filed:
- no later than 90 days from the last day of the month in which the claimant last performed labour or furnished material, and
- in no event later than 90 days from the time the building is completed or work on it otherwise terminated.
Read the first limb again. The clock starts at the end of the month, not on the day the work stopped. A contractor who finished on 2 June has until roughly the end of September. That is a long tail, and it is why a title search run on a house that was renovated over the summer is not the whole answer.
The memorandum goes to the clerk’s office of the circuit court in the county or city where the property sits, and it has to state the owner’s and claimant’s names and addresses, the amount and consideration of the claim, when it falls due, and the date interest runs from, verified on oath.
Buying something that has just been renovated? That is exactly the situation this post is about. Our Richmond closing-timeline checklist sets out where lien checks and the seller’s affidavit fall in the settlement sequence, so nothing gets discovered the week of closing. Ask us for a copy.
How long a lien lasts
Section 43-17 is the provision most people get backwards. No suit to enforce a perfected lien may be brought after six months from the date the memorandum was recorded, or sixty days from completion of the work, whichever time last occurs.
Two consequences. First, a claimant who records and then does nothing for seven months has lost the ability to enforce. Second, and less comfortably, the recorded memorandum stays in the land records regardless. An unenforceable lien is still a cloud a future buyer’s lender will ask about, and clearing it usually takes a release from the claimant or a court order.
What a title search will and will not find
| Situation | Shows in a title search? | Who protects you |
|---|---|---|
| Memorandum already recorded | Yes | Settlement agent, before closing |
| Work done, not paid, nothing filed yet | No | Seller’s affidavit and your own questions |
| Work in progress at closing | No | Escrow holdback, negotiated in the contract |
| Unenforceable old lien still on record | Yes | Release from claimant or court order |
The middle two rows are the whole reason this post exists. The federal consumer guidance on closing walks through the documents you will see at settlement, but the inchoate lien risk is a Virginia-specific gap that no standard disclosure form flags for you.
What to actually do, in order
- Ask the seller what work has been done in the last six months. Not “any known defects” but specifically: what was replaced, who did it, and is it paid. A new roof, HVAC, deck or kitchen in the disclosure or the photos is your prompt.
- Ask for the mechanic’s lien affidavit at settlement. It is standard in Virginia closings. It does not prevent a filing, but it gives you recourse against the seller and it tends to produce candour.
- Check the contractor was licensed. The Virginia Board for Contractors maintains licence records, and licensing can bear on whether a lien is enforceable at all.
- Read the exceptions in your title policy, not the summary. Unrecorded mechanic’s lien rights are commonly excepted.
- If work is unfinished at closing, hold money back. An escrow holdback negotiated into the contract is far cheaper than litigating a lien later.
None of this is exotic. It is the same discipline as reading the plat and the recorded easements before you commit, which is why we treat the three as one exercise rather than three.
Where this bites hardest in the Richmond metro
Two situations, both common here. The first is the flipped house: a property bought, renovated quickly and relisted, where a great deal of trade work happened in a short window shortly before your closing. Those turn up across the City of Richmond, particularly in the older housing stock around Church Hill and Manchester.
The second is new construction where a builder is in dispute with a subcontractor. That is a Chesterfield and western Henrico phenomenon more than a city one, and it is worth reading alongside what to ask a builder before you buy. If you are shopping new construction in the Richmond area, ask who the builder’s subs are and whether any are in dispute.
Questions Richmond-area readers actually ask
What is a mechanic’s lien in Virginia?
It is a claim recorded against your property by a contractor, subcontractor or material supplier who performed work or furnished materials and has not been paid. Virginia Code section 43-3 creates the right. Once perfected it attaches to the land, not to the person who ordered the work, which is why it can follow a house to a new owner.
How long does a contractor have to file a mechanic’s lien?
Under Virginia Code section 43-4, a memorandum of lien must be filed no later than 90 days from the last day of the month in which the claimant last performed labor or furnished material, and in no event later than 90 days from the date the structure was completed or work otherwise terminated.
Where is the lien recorded?
In the clerk’s office of the circuit court for the county or city where the property is located. For a Richmond-area purchase that means the Richmond, Chesterfield, Henrico, Hanover, Goochland or Powhatan circuit court clerk, depending on the address.
How long does a mechanic’s lien last if nobody sues on it?
Virginia Code section 43-17 bars any suit to enforce the lien after six months from the date the memorandum was recorded, or sixty days from completion of the work, whichever occurs last. An unenforced lien becomes unenforceable, but it does not automatically vanish from the record.
Can a lien be filed after I already own the house?
Yes, and this is the real risk. If the seller had work done shortly before closing and did not pay for it, the 90-day filing window can still be open on your closing date. The lien then attaches to a property you now own.
Does title insurance cover a mechanic’s lien?
It depends entirely on the policy and its exceptions. Standard owner’s policies frequently take exception to unrecorded mechanic’s lien rights, precisely because the work may already be done while nothing appears in the record yet. Read the exceptions schedule rather than assuming.
How do I check for liens before closing?
Your settlement agent runs a title search that will show any recorded memorandum. What a search cannot show is a lien not yet filed. That gap is covered by asking the seller directly about recent work and by a mechanic’s lien affidavit at settlement.
What is a mechanic’s lien affidavit and should I insist on one?
It is a sworn statement from the seller that no unpaid work has been done within the lien window. It is common in Virginia settlements. It does not stop a lien being filed, but it gives you a claim against the seller and it usually prompts an honest answer.
Can an unlicensed contractor file a lien?
Licensing status can affect enforceability, and the Virginia Board for Contractors sets who must be licensed for what value of work. That is a question for a Virginia real estate attorney on the specific facts, not something to assume either way.
This article is general information, not legal advice. Contracts, disclosure duties and title questions turn on the specific facts and the specific wording in front of you. For advice you can rely on, speak with a Virginia real estate attorney.
We handle the lien and title questions on our clients’ purchases as a matter of routine, and we would rather find a problem in week one than the week of closing. See how we work with buyers, or look at what we have recently closed.
