How Do You Actually Secure Payment on a Construction Project?
Securing payment on a construction project in Virginia often involves filing a mechanic’s lien, a legal tool that attaches to the property to secure a contractor’s or subcontractor’s right to payment for labor or materials provided. Mechanic’s liens come with strict filing deadlines tied to specific project milestones, and missing them can forfeit the right to use this tool entirely. Beyond liens, payment and delay disputes can also be pursued through breach of contract claims, depending on what the underlying contract provides.
What we actually do
- File mechanic’s liens to secure payment for labor or materials provided
- Advise on strict lien filing deadlines so your rights aren’t forfeited
- Pursue delay claims and breach of contract actions related to construction disputes
- Defend property owners and contractors against liens or claims brought against them
- Negotiate resolution of payment disputes before litigation becomes necessary
What to expect
If you’re owed payment, we first confirm the applicable mechanic’s lien deadlines for your project and file promptly to preserve your rights. We then pursue payment through negotiation, and litigation if necessary. If a lien or claim has been filed against you, we assess whether it was properly filed and what defenses are available.
Frequently asked questions
What is a mechanic’s lien?
A mechanic’s lien is a legal claim against a property that secures a contractor’s or subcontractor’s right to payment for labor or materials provided on a project. It must be filed within specific deadlines tied to when work was completed or last performed.
How long do I have to file a mechanic’s lien in Virginia?
Deadlines are strict and tied to specific project milestones, generally requiring action within a matter of months after the work is completed or last performed. Missing the deadline generally forfeits the right to file.
Can a property owner dispute a mechanic’s lien filed against their property?
Yes. Owners can challenge a lien’s validity, including whether it was properly filed, whether the amount claimed is accurate, or whether the underlying work was actually performed as claimed.
What can I do if a project is delayed and it’s costing me money?
Your options depend on what the contract says about delay claims and extensions of time. Without clear contract language, resolving responsibility for delay often requires negotiation or litigation.
We handle mechanic’s lien filings and construction disputes for contractors, subcontractors, and property owners throughout Lynchburg, Forest, and Central Virginia.