Mechanic's Liens - Circuit Court Judge in Fairfax County Issues Opinion Letter Regarding Inaccurate Descriptions of Work

John Anderson

Andrew Oxenreiter

On August 4, 2009, The Honorable Jonathan C. Thacher, Circuit Court Judge for Fairfax County, issued an Opinion Letter in relation to whether an inaccuracy in the description of work on the face of a Memorandum of Mechanic's Lien will invalidate the entire lien, or whether the party filing the Memorandum should be entitled to cure the inaccuracy pursuant to § 43-15 of the Code of Virginia, as amended. Judge Thacher concluded that the party filing the Memorandum containing the allegedly "inaccurate" description of work was entitled to an evidentiary hearing in order to determine the nature and extent of the work performed and to establish whether the work done falls within the class of work entitled to the protection of a mechanic's lien under the statute. This Opinion Letter can be found in its entirety: BP Realty v. Urban Engineering

The attorneys at Spotts Fain have years of experience in handling Mechanic's and Materialman's Lien claims, including representation of owners, lenders, general contractors, subcontractors and materials suppliers.  For additional information on issues regarding mechanic's liens, or other business and real estate issues in Virginia, please contact John W. Anderson at (804) 697-2020 or Andrew W. Oxenreiter at (804) 697-2021.