Deeds.com Real Estate Deeds
Deeds.com Account
Sign In

Virginia Conditional Lien Waiver on Final Payment

Select County or Independent City where the property is located.

Virginia Conditional Lien Waiver on Final Payment Information

Lien waivers are quid-pro-quo arrangements between contractors and owners. The purpose of such waivers is to induce payment from an owner in return for the contractor waiving some or all available mechanic's lien rights. If the correct waivers are used, they offer advantages for both a contractor and owner.

In Virginia, any right to file or enforce any mechanics' lien may be waived in whole or in part at any time by any person entitled to such lien, except that a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights in a contract in advance of furnishing any labor, services, or materials. Va. Code 43-3(C). A provision that waives or diminishes a subcontractor's, lower-tier subcontractor's, or material supplier's lien rights in a contract executed prior to providing any labor, services, or materials is null and void. Id.

The Virginia legislature does not mandate a required form of a lien waiver, so common law principles of contract allow for the parties to use any form that clearly spells out their intentions. Note that it is a felony for any person to knowingly present a waiver form to an owner, his agent, contractor, lender, or title company for the purpose of obtaining funds or title insurance if the person forges or signs the form without authority. Va. Code. 43-13.1.

Waivers fall under two broad categories of "conditional" and "unconditional," and there are two subcategories of waivers for a "partial" or "final" payment. Each type comes with benefits and risks, so take care to use the correct form for the situation.

A conditional waiver depends on the actual receipt of payment, so use a conditional waiver when a party pays with a check but the claimant doubts whether it might clear. Therefore, if the check doesn't clear the bank, it is still possible to claim a lien down the line. This type of waiver offers greater protection to the contractor.

Use a full waiver on final payment when the fees/debt is completely paid. So, this might be the appropriate form for a situation where the owner submitted a check for the balance due, but the claimant wants to preserve the right to claim a lien until after the check clears the bank.

In this way, waivers can facilitate the flow of business and encourage prompt payment without any unnecessary holdups.

This article is provided for informational purposes only and should not be relied upon a substitute for the advice of an attorney. For any questions about Virginia lien waivers, please speak with a lawyer.

Deeds.com Virginia Conditional Lien Waiver on Final Payment Forms Have Been Updated as Recently as Monday July 4, 2022

4.8 out of 5 (3552 Reviews)

What others like you are saying:


george k. said: Thank u the site helped me get the quick deed forms I needed for TN.i will use it in the furture.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Susan N. said: Hope to get form printed out Ok.

Reply from Staff: Thank you!


DARRYL B. said: Professional and convenient.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Earl L. said: Fair!

Reply from Staff: Thank you!


Ken J. said: I liked the software, it's very easy to use. Once it's saved as a .pdf document on your computer, the source document is lost when you log out. I wish it could be saved and then edited on their site later instead of having to create a new document from scratch each time.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Tramelle O. said: This is perfect! Thank you!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Deeds.com Real Estate Deeds

Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.

NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.

If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

Nothing on this website should be considered a substitute for the advice of an attorney.

© DEEDS.COM INC. 1997 - 2022 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334