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Virginia Public Project Frequently Asked Questions

Who Is Protected?

In Virginia, subcontractors, sub-subcontractors, and laborers or material suppliers to the general contractor or first-tier subcontractors are protected.  While not specifically set forth in the statute, suppliers to suppliers are likely not covered.

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When is the Deadline to File a Lien/Make a Claim?

The bond claim must be received by the general contractor within 90 days after the claimant’s last furnishing labor and/or materials to the project.

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Who Should Receive the Lien/Claim?

In Virginia, a bond claim must be given to the general contractor supplying the bond.  While not specifically required, the claim may also be sent to the contracting public entity and the surety (if known).

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When is the Deadline to Initiate Suit, or, How Long is My Lien Effective?

In Virginia, a suit to enforce a bond claim must be initiated more than 90 days, but less than 1 year after the claimant’s last furnishing of labor and/or materials to the project.  Note that this deadline applies even if the language of the bond itself does not limit claims to that specific time period.

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What Must the Lien/Claim Include?

In Virginia, a bond claim is only required to contain the amount claimed, and the identity of the party for whom labor and/or material was furnished.  It may be best practice to also include a description of the project, and the labor and/or materials provided, and to identify the general contractor and contracting public entity.

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How Must the Claim Be Sent?

Virginia bond claims must be served on the general contractor via registered or certified mail.

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Virginia Public Project Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

No.  Virginia does not require any preliminary notice to preserve the ability to make a bond claim.

When do I Need to Send a Preliminary Notice?

N/A

What if I Send the Preliminary Notice Late?

N/A

How Should the Preliminary Notice be Sent?

N/A

To Whom Must the Preliminary Notice be Given?

N/A