Virginia Code

Va. Code Ann. § 43-17 (2026)

Limitation on suit to enforce lien

✓ current as of May 2026

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No suit to enforce any lien perfected under §§ 43-4, 43-5 and 43-7 to 43-10 shall be brought after six months from the time when the memorandum of lien was recorded or after sixty days from the time the building, structure or railroad was completed or the work thereon otherwise terminated, whichever time shall last occur; provided, however, that the filing of a petition to enforce any such lien in any suit wherein such petition may be properly filed shall be regarded as the institution of a suit under this section; and, provided further, that nothing herein shall extend the time within which such lien may be perfected.

Code 1919, § 6433; 1926, p. 43; 1956, c. 399.

Notes of Decisions

Cited in 66 cases (4 in the last 5 years), 1954–2025 · leading case: Concrete Structures, Inc. v. Tidewater Crane & Rigging Co. (In Re Concrete Structures, Inc.), 261 B.R. 627 (E.D. Va. 2001).

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Concrete Structures, Inc. v. Tidewater Crane & Rigging Co. (In Re Concrete Structures, Inc.), 261 B.R. 627 (E.D. Va. 2001). · cites it 26× “See Va.Code § 43-17 (“No suit to enforce any lien perfected under §§ 43-4, 43-5, and 43-7 to 43-10 shall be brought after six months from the time when the memorandum of lien was recorded .”

Commonwealth Mech. Contractors, Inc. v. Stand. Fed. Sav. & Loan, 281 S.E.2d 811 (Va. 1981). · cites it 18× “Standard Federal demurred to the amended bills of complaint on the ground that suit was not brought against it within six months “from the time when the memorandum of lien was recorded.”

Mendenhall v. Douglas L. Cooper, Inc., 387 S.E.2d 468 (Va. 1990). · cites it 6× “Code § 43-17 provides that “[n]o suit to enforce [a mechanic’s lien] .”

H.T. Bowling, Inc. v. Bain (In Re Bain), 64 B.R. 581 (W.D. Va. 1986). · cites it 10× “In support of this argument, Bowling points to Va.Code § 43-17, which provides: No suit to enforce any lien perfected under §§ 43-4, 43-5 and 43-7 to 43-10 shall be brought after six months from the time when the memorandum of lien was recorded or after sixty days from the time…”

Donohoe Constr. Co. v. Mount Vernon Assocs., 369 S.E.2d 857 (Va. 1988). · cites it 4× “,” Code § 43-17. Thus, a duly perfected mechanic’s lien will be extinguished unless the suit to enforce is timely filed.”

Sch. Bd. v. United States Gypsum Co., 360 S.E.2d 325 (Va. 1987). · cites it 4× “Illustrations of nonclaim statutes in this state are those providing for liens of laborers and materialmen, claims against estates of deceased persons, and claims for damages against municipal corporations.”

Isle of Wight Materials Co. v. Cowling Bros., 431 S.E.2d 42 (Va. 1993). · cites it 13× “In this appeal we determine whether a materialman is entitled to enforcement of its perfected mechanic’s lien in an interpleader action when it has not filed a petition to enforce the lien or a petition to intervene in the enforcement action of another lienor within the…”

In re Romanac, 245 F. Supp. 882 (W.D. Va. 1965). · cites it 13× “The date of disclaimer here was December 10, 1964 and at that time the six month period of enforcement under state law (Va.Code § 43-17) had expired as to the instant petitioners.”

United Sprinkler Co. v. HCP 505 Ltd., 27 Va. Cir. 135 (Fairfax Cir. Ct. 1992). · cites it 18× “The sole issue before the Court is whether United Sprinkler’s suit to enforce a mechanic’s lien was time-barred under Virginia Code § 43-17. The demurrer raises the question of what effect Section 108(c) of the United States Bankruptcy Code, 11 U.”

Friends of Clark Mountain Found., Inc. v. Bd. of Supervisors, 406 S.E.2d 19 (Va. 1991). · cites it 3× “There, in a suit to enforce a mechanic’s lien, we held that the trial court erroneously overruled a plea of the statute of limitations filed by necessary parties, when such parties had not been joined as defendants to the bill to enforce within the period mandated by Code §…”

Middleton & Dugger Plumbing & Heating, Inc. v. Richardson Builders, Inc. (In Re Richardson Builders, Inc.), 123 B.R. 736 (Bankr. W.D. Va. 1990). · cites it 3× “Va. Code § 43-17. Compliance with the time period for filing a bill of complaint is a jurisdictional prerequisite to enforcement of a lien.”

Heyward & Lee Constr. Co. v. Sands, 453 S.E.2d 270 (Va. 1995). · cites it 2× “, within six months after the mechanics’ liens were filed, Code § 43-17. Accordingly, we reversed the circuit court’s judgment and entered a final judgment in favor of SouthTrust Bank and others.”

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