A materials supplier delivered $25,000 worth of lumber to a job site. The supplier was never paid and wants to file a mechanics lien. What is the deadline for filing in Virginia?
Correct Answer
C) 90 days from last delivery
Virginia mechanics lien law requires material suppliers to file their lien within 90 days of their last delivery to the project.
Why This Is the Correct Answer
Virginia mechanics lien law applies the same 90-day filing deadline to material suppliers as to subcontractors. The supplier must file their lien within 90 days of their last delivery of materials to the project, regardless of payment disputes.
Why the Other Options Are Wrong
Option A: 180 days from last delivery
180 days from last delivery is incorrect. No Virginia mechanics lien provision grants a 180-day filing window. This excessively long period does not exist in VA lien law and may be confused with suit-to-enforce deadlines.
Option B: 120 days from last delivery
120 days from last delivery is incorrect. The 120-day rule belongs to North Carolina, not Virginia. Virginia sets the deadline at 90 days for both subcontractors and material suppliers.
Option D: 60 days from last delivery
60 days from last delivery is incorrect. Virginia does not use a 60-day window for material supplier liens. The correct period is 90 days. Sixty days may appear in preliminary notice contexts in other states.
Memory Technique
Virginia lien rule is universal for subs and suppliers alike: 90 days from last work OR last delivery. 'In Virginia, 90 days is the rule — whether you swung a hammer or dropped off lumber.'
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