On July 1, most of the bills passed in the most recent General Assembly session will go into effect. This includes HB2409 which amends the statutory mechanic’s lien form. The General Assembly included this revision to address a conflict between the mechanic’s lien statutes and forms.
The following revision is now included on the form:
“2. Amount Claimed: $___________
IF ANY PART OF THE AMOUNT CLAIMED IS NOT DUE AS OF THE DATE OF THIS MECHANIC’S LIEN, IDENTIFY THE DATE OR EVENT UPON WHICH IT WILL BE DUE AND THE SUM(S) TO WHICH THE DUE DATE(S) OR EVENT(S) APPLY: _________________”
This means that going forward, lien claimants will now need to clarify in their liens the following:
• Claimants must identify the date(s) or event(s) from when interest is claimed and the sum to which interest is applied.
• If any part of the lien amount is not yet due, the claimant must identify the date or event upon which it will be due and the sum(s) to which the due date(s) or event(s) apply
These changes will most frequently require contractors to separately identify unpaid invoices from retainage. However there may be many other “events” that will trigger future payment obligations, such as later-approved change orders or pay-if-paid provisions.
As we’ve discussed before, precision is key in drafting mechanic’s liens. This new untested requirement relating to interest will require careful attention.
As president of Hirschler and head of the firm's litigation section, Courtney knows how to lead people and projects to a successful outcome.
Leveraging deep experience in the construction industry, Courtney advises public and ...
Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely ...
Nate fully engages in each case and shoulders his clients’ needs. Communication, efficiency and careful judgment define his practice. In every case, he investigates competing claims to thoroughly understand their strengths ...
A professional engineer (P.E.) and an experienced lawyer, Webb began practicing at Hirschler Fleischer following four years of work as a consulting engineer. His multidisciplinary practice focuses on general business and ...
SubscribeSubscribe to Hirschler by Email
- Right to Work Laws and What a Potential Repeal Could Mean
- Construction Year in Review: 2019 Trends and What to Expect in 2020
- Department of General Services Conducts “Town Hall” on Statute of Limitations Bill
- New Virginia Supreme Court Case Refocuses Attention on Commonwealth's Immunity from Statutes of Limitation
- Virginia Department of General Services Releases Survey on Statute of Limitations Issue
- Alternatives to Pay-if-Paid Provisions
- Changes to Mechanic’s Lien Law Effective July 1!
- Virginia General Assembly: Construction Bills To Watch- Part 2
- Courtney Paulk and Kelly Bundy Discuss “Unpreventable Employee Misconduct” Defense in Article for Construction Executive
- Five Licensure Issues All Virginia Contractors Should Consider
- Dispute Resolution
- Workforce Development
- Government Contracts
- Little Miller Act
- Miller Act
- Mechanic's Liens
- Occupational Safety and Health Act (OSHA)
- Department of Professional and Occupational Regulation (DPOR)
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
- Change Orders
- January 2020
- November 2019
- August 2019
- June 2019
- April 2019
- February 2019
- January 2019
- December 2018
- October 2018
- September 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016