In Virginia, a subcontractor must file a mechanics lien within how many days of last furnishing labor or materials?
Correct Answer
A) 90 days
Virginia mechanics lien law requires subcontractors to file their lien within 90 days of last furnishing labor or materials to preserve their lien rights.
Why This Is the Correct Answer
Virginia Code § 43-4 gives subcontractors 90 days from the last date they furnished labor or materials to memorialize their lien claim by filing in the circuit court clerk's office. Missing this deadline completely extinguishes the lien right.
Why the Other Options Are Wrong
Option B: 60 days
60 days is the deadline that applies in some other states (e.g., Maryland for certain claimants), but Virginia's statute specifically sets 90 days for subcontractors.
Option C: 120 days
120 days is the deadline for general contractors (prime contractors) to file in Virginia, not subcontractors. Confusing the two is a common error.
Option D: 30 days
30 days is far too short and does not correspond to any Virginia mechanics lien filing deadline. It may be confused with preliminary notice deadlines in other states.
Memory Technique
Think '90 days = subcontractor': a sub is one level below the GC, and 90 is one step below 120. The number decreases as you go down the chain.
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