Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Board for Contractors
 
chapter
Individual License and Certification Regulations [18 VAC 50 ‑ 30]
Action Amending Requirements for Education Providers
Stage NOIRA
Comment Period Ended on 12/30/2015
spacer

1 comments

All comments for this forum
Back to List of Comments
12/14/15  10:00 am
Commenter: Patricia Morrison

Mechanic's liens
 

Are there rules/regulations in place, in Virginia regarding mechanics' liens, if a homeowner has paid the contractor who, in turn, does not pay their subcontractor(s).  

This action (or inaction) victimizes the homeowner by causing a mechanic's lien to be placed on their dwelling/structure along with all property owned involving that dwelling/structure.  This is through no fault of the homeowner(s) who have met their obligations by paying thecontractor.  

This means the victim is further victimized by either having to pay again, or alternatively, not being able to acquire any loans on the property or sell the property.  This allows the contractor to benefit and leaves the homeowner in dire straights.

After many writings and much labor, WV law was changed so the homeowner now has a defense.  This is listed as West Virginia Code 38-2-21(b) (Article 2. Mechanics' liens)  H.B. 4347.

We would like to see such law become effective in all states to protect the public from being taken advantage of.  We would request that the state of Virginia consider implimenting such a law and encourage other states to do the same.

 

CommentID: 43009