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The General Assembly amended Virginia’s mechanic’s lien statutes effective July 1, 2013 in an important area.  The revised statutes now conclusively bar unlicensed contractors from recovering on mechanic’s liens.  See Virginia Code § 43-3. They also require contractors to include their licensure information in every mechanic’s lien.  See § 43-4.

As of July 1, 2013, a lien claimant must include in every memorandum of mechanic’s lien its license 1) number, 2) date of issuance, and 3) expiration date, or 4) a certificate that no license is required.

Contractors must take special care to review the new statutory lien forms for contractors, subcontractors, and suppliers, see §§ 43-5, 43-8, and 43-10, and include their licensure information in every mechanic’s lien.  Because the statutes now expressly require this information and because Virginia Courts strictly interpret mechanic’s liens, a mechanic’s lien will likely be invalid without this information.

Nate Story is a member of Hirschler Fleischer’s construction practice group. He handles a wide range of civil trials, with a focus on commercial and construction disputes and real estate development. Nate has represented suppliers, contractors, and owners of commercial and residential properties through the stages of construction litigation.

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Heather A. Scott

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