Can my mechanic's lien include attorney's fees? No. Mechanic's liens are only recoverable for the value of labor and materials (plus interest) that is added by the claimant to the property being liened. Since attorney's fees don't add any value to property, they cannot be included in a lien. However, IF there is a fee-shifting provision in the underlying contract, a lien claimant can include a claim for attorney's fees under its contract when it files suit to enforce its mechanic's lien and can recover its fees if it prevails.
Can I include attorney's fees in my payment bond claim? Yes. Although the federal Miller Act and Virginia's "Little Miller Act" do not mention attorney's fees recovery, courts may allow recovery to a payment bond claimant against the surety IF the claimant's contract permits it to recover as the prevailing party.
Construction disputes almost always involve contract issues. Contractors should therefore include fee-shifting provisions in their contracts and subcontracts to preserve their rights to recover attorney's fees in the event of disputes.