The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

March 14, 2018
Christopher G. Hill – Construction Law Musings

Back in 2015, the Virginia General Assembly amended the mechanic’s lien statute (Va. Code 43-3) here in Virginia to preclude any contractual provision that diminishes a subcontractor or supplier’s “lien rights in a contract in advance of furnishing any labor, services, or materials.” However, this amendment was only applicable to subcontractors and suppliers. For political and other reasons, general contractors in Virginia were left out of this change. This omission by the legislature put Virginia general contractors in the position of potentially being forced by project owners to waive their mechanic’s lien rights without the ability to run that risk downstream to their subcontractors and suppliers.

Mr. Hill may be contacted at chrisghill@constructionlawva.com



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