According to Virginia mechanics lien law, within how many days must a subcontractor file a mechanics lien after last furnishing labor or materials?
Correct Answer
C) 90 days
Virginia Code § 43-4 requires subcontractors to file mechanics liens within 90 days after last furnishing labor, materials, or services to the project.
Why This Is the Correct Answer
Virginia Code § 43-4 sets the mechanics lien filing deadline for subcontractors at 90 days after the last furnishing of labor, materials, or services to the project. This is a strict statutory deadline — missing it forfeits lien rights.
Why the Other Options Are Wrong
Option A: 120 days
120 days is incorrect for Virginia subcontractors. The 120-day rule applies to North Carolina mechanics liens. Confusing these two neighboring states' rules is a very common exam mistake.
Option B: 30 days
30 days is incorrect. No Virginia lien statute imposes a 30-day filing deadline. This period is too short and is not found in Virginia lien law.
Option D: 60 days
60 days is incorrect. While 60 days appears in some lien-related preliminary notice contexts in other states, Virginia's lien filing deadline for subcontractors is 90 days — not 60.
Memory Technique
Virginia = 90 days. NC = 120 days. Memory shortcut: 'Virginia is the older state (comes first alphabetically nearby), so it gets the shorter window — 90 days.' Or: VA = 90, NC = 120 (V comes before N, 90 comes before 120).
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