A Virginia contractor fails to pay a subcontractor $18,500 for completed work. Under Virginia mechanics lien law, within how many days must the subcontractor file a memorandum of lien to preserve their lien rights?
Correct Answer
A) 90 days from last day of work
Virginia Code § 43-4 requires subcontractors to file a memorandum of lien within 90 days from the last day work was performed to preserve lien rights.
Why This Is the Correct Answer
Under Virginia Code § 43-4, subcontractors must file a memorandum of lien within 90 days from the last day work was performed to preserve their lien rights. This 90-day deadline is specifically established for subcontractors and is a critical requirement to maintain the validity of their mechanics lien claim against the property for unpaid work.
Why the Other Options Are Wrong
Option B: 120 days from last day of work
120 days exceeds Virginia's statutory requirement. While this might seem like a reasonable timeframe, Virginia law specifically sets the deadline at 90 days, not 120 days. Using this longer timeframe would result in the subcontractor losing their lien rights entirely.
Option C: 60 days from last day of work
60 days is too short under Virginia law. While this timeframe might apply in some other states or for different types of claims, Virginia specifically requires 90 days for subcontractors to file their memorandum of lien from the last day of work performed.
Option D: 30 days from last day of work
30 days is far too short and would not provide adequate time for subcontractors to preserve their lien rights. Virginia recognizes that subcontractors need more time than this brief period to file the necessary paperwork and establish their lien claims properly.
Memory Technique
Remember 'Virginia 90' - Virginia gives subcontractors a full 90 days (3 months) to file their lien, which is more generous than the typical 30-60 day periods in many other states.
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