Legal Question in Construction Law in Virginia

I live in Virginia and had a contractor rebuild my portico on the front of my house. The contractor had a subcontractor do the roofing of the portico. Once the portico was completed I paid the contractor in full per the written agreement. The subcontractor was never paid by the contractor and has placed a lien on my house. I have attempted to contact the contractor but, he will not return my phone calls. What are my legal options that I can take against the contractor to resolve payment for the subcontractor and remove the lien on my house?


Asked on 9/15/09, 11:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Your focus should be on the subcontractor who filed the mechanic's lien against your property rather than the general contractor, if in fact you have fully paid the latter.

If such is the case, you have what the law calls an affirmative defense to the perfection of the subcontractor's lien under Va.Code Sec. 43-7A. and you should move to have it removed.

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Answered on 9/21/09, 12:06 am


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