Construction Law Blog

Virginia mechanic’s liens can be tricky, full of pitfalls, landmines, and traps for the unwary. One of those traps is the sometimes confusing and often misunderstood “150-Day Rule.” And a recent mechanic’s lien case from the City of Norfolk addresses not only the 150-Day Rule, but also the difference between (i) a “mere inaccuracy” in the memorandum of lien (which will not invalidate the lien), and (ii) a fatal inclusion of dollar amounts in the lien which will invalidate the lien and render it completely unenforceable.

As we near the mid-point of 2023, the economic outlook continues to remain uncertain at best. The Federal Reserve continues to raise interest rates, sending ripple effects throughout the markets. While the employment data continues to be strong in most sectors, inflation has only subsided minimally, leaving many to wonder what the remainder of 2023 will bring.

Contractors and suppliers should be aware of changes to Virginia’s mechanic’s lien statutes that will affect all liens going forward. As of July 1, lien claimants will need to specifically identify amounts claimed in the lien that are not due as of the date of their filing.

2018 was a strong year for the construction industry. Despite a labor shortage and some uncertainty regarding material costs, construction professionals remain optimistic that the trend of growth will continue in 2019. Below we identify eight trends we expect to carry forward into the new year. 

We have seen an uptick in mechanic’s lien filings in 2018. Thankfully, the increase in lien filings likely arises from an increase in construction projects not instability in the market. In our latest post we revisit the general process for filing mechanic’s liens and insight on the option for replacing these liens with a surety bond.

This year’s Virginia General Assembly Session is for the most part complete and, as usual, Virginia lawmakers addressed (in some cases unsuccessfully) multiple construction industry issues. Here is a rundown of the House and Senate bills that passed and will become new law as of July 1. A few bills that did not pass and some that might live to be the subject of debate later this year or in next year’s Session are also included.

The various cycles in the real estate market require different legal services. This post discusses four typical phases of the market cycle, legal issues common to those phases, and ways in which contractors can use this understanding to prepare for the future.

The ability to enforce mechanic’s liens rights depends on careful consideration before, during, and after construction. The following ten issues reflect some of the more common issues that arise with liens on construction projects.