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New Restrictions On Mechanic's Lien In Virginia

Authored by attorney James R. Harvey

The 2013 Virginia General Assembly passed a new law further complicating Virginia’s mechanic’s lien laws. The bill, which passed with wide support in the House of Delegates and Senate amends Va. Code §43-3 to now prohibit liens by those without a valid Virginia contractor’s license. “A person who performs labor without a valid license or certificate issued by the Board for Contractors, … or without the proper class of license for the value of the work to be performed, when such a license or certificate is required by law for the labor performed shall not be entitled to a lien pursuant to this section.” Importantly, the Memorandum for Mechanic’s Lien has now been changed so that “the memorandum shall also contain the claimant’s license or certificate number issued by the Board of Contractors, … if any, and the date such license or certificate was issued and the date such license or certificate expires.

This new law raises many issues:

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