Calculate the mechanics lien priority: First lien filed June 1st for $25,000, second lien filed May 15th for $18,000, both for work completed April 30th. Which has priority?
Correct Answer
C) Equal priority based on completion date
In Virginia, mechanics liens for work completed on the same project have equal priority regardless of filing order or amount, based on the work completion date.
Why This Is the Correct Answer
Under Virginia mechanics lien law, all liens on a single project arising from work performed on or before the same commencement date share equal priority — they are not prioritized by filing date or lien amount. Because both liens relate to work completed on April 30th for the same project, they have equal priority. In a foreclosure or distribution scenario, proceeds would be shared pro-rata among equal-priority lienholders.
Why the Other Options Are Wrong
Option A: Second lien due to earlier filing
The second lien was filed earlier (May 15th vs. June 1st), but in Virginia, filing date does not determine priority for mechanics liens on the same project. Priority is based on the commencement of the work/project, not the order of lien filing.
Option B: First lien due to higher amount
Lien amount does not determine priority. The $25,000 lien has no advantage over the $18,000 lien simply because it is larger. Virginia law treats mechanics liens with the same project commencement date as equal in priority regardless of dollar amount.
Option D: Priority determined by contract date
Contract date is not the determining factor for lien priority under Virginia law. The relevant date is the commencement of the project (when the first work or materials were provided), not when contracts were signed.
Memory Technique
Think of Virginia mechanics liens as 'no race to the courthouse.' All subcontractors and suppliers on the same project share the pie equally, regardless of who filed first or for how much. Equal work completion date = equal priority = equal share.
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