Jim Fullerton will speak two hours on:

Mechanic's Lien Rights in Virginia

Contractors and Suppliers in the construction industry have the advantage of secured creditor status in Virginia for most of their sales, as long as these mechanic’s lien rights are carefully preserved. The Virginia mechanic’s lien has a powerful high priority and will prevail over even the first mortgage construction lender. Your lien rights will survive a bankruptcy or sale of the property. However, the statute is “strictly construed.” Even minor failure to follow the rules will leave you unsecured.

To preserve rights, you must identify and send notice to the Mechanic’s Lien Agent on most Virginia Residential projects before or soon after delivery of goods. How do you determine and track your deadlines for filing the lien after delivery? What information do you need to collect in order to file your lien? How do you know when your work is complete? How can you trace your materials to show that they were incorporated into the property? How can you “allocate” your materials to particular properties and determine the amount of each lien? What about subdivision infrastructure improvements, off site work, tenant improvements, renovation or repair work?

Remote contractors must understand that Virginia is a “defense of payment state.” Your lien will not be enforceable if the general contractor or your customer has been paid on the project. Learn how to use a Virginia Code Section 43-11 Notice to partially protect against the defense of payment problem.

The first 50 participants will receive a free copy of a 550 page Construction Law Survival Manual with complete chapters on mechanic’s liens in Virginia, Maryland and the District of Columbia and providing valuable information about construction contract litigation, payment bond claims, bankruptcy, the Uniform Commercial Code, as well as credit management and contains over 30 commonly used contract forms.

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