Botetourt County Conditional Lien Waiver on Final Payment Form

Botetourt County Conditional Lien Waiver on Final Payment Form
Fill in the blank Conditional Lien Waiver on Final Payment form formatted to comply with all Virginia recording and content requirements.

Botetourt County Conditional Lien Waiver on Final Payment Guide
Line by line guide explaining every blank on the form.

Botetourt County Completed Example of the Conditional Lien Waiver on Final Payment Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Virginia and Botetourt County documents included at no extra charge:
Where to Record Your Documents
Botetourt Clerk of Circuit Court
Fincastle, Virginia 24090-0219
Hours: Monday - Friday 8:30am to 4:30pm
Phone: (540) 473-8274
Recording Tips for Botetourt County:
- Check that your notary's commission hasn't expired
- Ask if they accept credit cards - many offices are cash/check only
- White-out or correction fluid may cause rejection
- Both spouses typically need to sign if property is jointly owned
Cities and Jurisdictions in Botetourt County
Properties in any of these areas use Botetourt County forms:
- Blue Ridge
- Buchanan
- Cloverdale
- Daleville
- Eagle Rock
- Fincastle
- Glen Wilton
- Oriskany
- Roanoke
- Troutville
Hours, fees, requirements, and more for Botetourt County
How do I get my forms?
Forms are available for immediate download after payment. The Botetourt County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Botetourt County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Botetourt County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Botetourt County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Botetourt County?
Recording fees in Botetourt County vary. Contact the recorder's office at (540) 473-8274 for current fees.
Questions answered? Let's get started!
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.
Important: Your property must be located in Botetourt County to use these forms. Documents should be recorded at the office below.
This Conditional Lien Waiver on Final Payment meets all recording requirements specific to Botetourt County.
Our Promise
The documents you receive here will meet, or exceed, the Botetourt County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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