Lien Memorandum-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Lien Memorandum.

Scope: State of Virginia, Private Works.

Time Constraints: You must file your Lien Memorandum with the County Clerk's office where the project is located within 90 days, inclusive, of last furnishing of labor, materials or services, but within 90 days of job completion. There is also a 150 day maximum 'reach-back' period for claims, do not let the date of last furnishing get too far out.

Serve copies on the owner and sureties, if any. Service on the general contractors and your customer is optional. In particular, you must be sure to serve a copy on the owner.

Special Note: You may file any number of Lien Memoranda, and each lien can only include labor, materials or services furnished within 150 days prior to the last day on which labor, materials or services were furnished to project preceding the filing of the lien.

Perfection: After recording, you must file suit within 6 months of filing of your lien memorandum, or within 60 days of the completion of the job, whichever occurs first.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Lien Memorandum, Exhibit's A-D, if needed, Notice of Filing Lien, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Lien Memorandum and serve with Notice of Filing Lien (where required) upon the owners and sureties (the general contractors your customer are optional). At this point you are ready enforce all of your claims in one action.

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