Legal Question in Construction Law in Virginia

Mechanic's Lien

A subcontractor place a mechanics lien on our house because the primary contractor fired them half way through the project.

We paid the primary contractor $23,000 and all that is left is a final deposit of $500. The lien is for $4500. Are we liable for the full $4500 or just for the remaining $500 we owe to the primary contractor?

I think in Virginia the liability for home owner is limited to unpaid portion of the original contract in this. If this is the case can we pay the subcontractor and petition to have the lien removed?

Thanks


Asked on 2/03/09, 2:56 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Mechanic's Lien

If the $4500 is not an accurate amount owed to the subcontractor, he is required to file a second notice in the manner prescribed in the applicable statute (Va. Code Sec. 43-11(4.) and the owner can then be liable only for the amount he or she owes the general contractor at the time this second notice is filed.(Va. Code Sec. 43-11(2.)

Therefore, if the above is true in your situation described, the answer to your question should be, yes, you can.

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Answered on 2/03/09, 4:36 pm


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