A Virginia contractor fails to pay subcontractors on a $180,000 project. Under Virginia mechanics lien law, what is the maximum time period a subcontractor has to file a mechanics lien after last furnishing labor or materials?
Correct Answer
C) 90 days
Virginia mechanics lien law requires that a mechanics lien be filed within 90 days after last furnishing labor or materials to the project.
Why This Is the Correct Answer
Under Virginia Code § 43-4, subcontractors must file a mechanics lien within 90 days after they last furnished labor, materials, or services to the project. This 90-day deadline is strictly enforced and begins running from the final date of work performed or materials delivered by the specific subcontractor, not from project completion. The statute provides this timeframe to balance the rights of unpaid subcontractors with property owners' need for certainty regarding potential liens.
Why the Other Options Are Wrong
Option A: 150 days
150 days exceeds Virginia's statutory requirement. This extended timeframe might be confused with other states' lien laws or different types of construction-related deadlines, but Virginia specifically mandates the shorter 90-day period for mechanics liens.
Option B: 60 days
60 days is too short under Virginia law. While some preliminary notice requirements or other construction-related deadlines may use shorter periods, the mechanics lien filing deadline specifically allows subcontractors 90 days to protect their lien rights.
Option D: 120 days
120 days exceeds Virginia's statutory deadline. This timeframe might be associated with other states' mechanics lien laws or different types of legal deadlines, but Virginia Code clearly establishes 90 days as the maximum period for filing mechanics liens.
Memory Technique
Remember 'Virginia 90' - like a right angle (90 degrees), Virginia gives subcontractors exactly 90 days to file their mechanics lien after last furnishing work.
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