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
- Jaime Wisegarver Outlines Labor Department Guidance on Travel Time Pay in Construction Executive
- New Defense to Joint Liability Available to Contractors
- What Employers Need to Know About Virginia’s New Overtime Wage Act
- OSHA Increases Amounts of Civil Penalties for 2021
- Have Force Majeure Defenses Based on COVID-19 Been Successful This Year?
- Kelly Bundy and Liz Burneson Publish Article on Joint Employer Status in Construction Executive
- Kelly Bundy Authors Article for ABA Construction Law Forum’s “Under Construction” Series
- Miller Act Notice More Than 90 Days Before A Subcontractor’s Final Day of Work Held Untimely
- Virginia Supreme Court Allows Sub-Sub Material Supplier To Recover Directly From General Contractor For Unpaid Material
- New Virginia Law Can Make General Contractors Liable for Subcontractors' Employee Wages
- Occupational Safety and Health Act (OSHA)
- Department of Labor (DOL)
- COVID-19, Coronavirus Outbreak
- Dispute Resolution
- Little Miller Act
- Government Contracts
- Miller Act
- Fair Labor Standards Act
- Lien Waivers
- Workforce Development
- Mechanic's Liens
- Department of Professional and Occupational Regulation (DPOR)
- Force Majeure
- Joint Checks
- Unjust Enrichment
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
- Change Orders
- June 2021
- April 2021
- January 2021
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- 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