Legal Question in Real Estate Law in Virginia

Property Lien

The property owner hire and pays a general contractor to perform construction renovation to a building. The general contractor employs a subcontractor to perform the specific services. The subcontractor completed the work and demands payment but the general contractor has no money to pay the subcontractor. Can the subcontractor file a property lien on the building?


Asked on 8/22/08, 3:03 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Property Lien

In Georgia, generally yes. Your post is not clear on where the property is located, and what law applies.

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Answered on 8/22/08, 3:07 pm
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: Property Lien

Further, if your general contractor was paid the money for the work done by the subs, he may have committed a criminal offense.

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Answered on 8/23/08, 8:03 pm
Daniel Press Chung & Press, P.C.

Re: Property Lien

In Va., yes the subcontractor can file a mechanics lien on the property. The meorandum of lien has to be filed within 90 days from the end of the month in which the subcontractor last worked, but no later than 90 days after completion of the job. There are numerous other technical requirements that have to be met, so it is imperative that a lawyer handle such matters.

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Answered on 8/22/08, 5:48 pm


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