Virginia - Franklin County Conditional Lien Waiver on Final Payment Forms

Included Forms

All Franklin County specific forms and documents listed below are included in your immediate download package:

Conditional Lien Waiver on Final Payment Form - Franklin County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/21/2022

Conditional Lien Waiver on Final Payment Guide - Franklin County

Line by line guide explaining every blank on the form.
Included document last updated 5/16/2022

Completed Example of the Conditional Lien Waiver on Final Payment Document - Franklin County

Example of a properly completed form for reference.
Included document last updated 4/8/2022

Included Supplemental Documents

The Following Virginia and Franklin County supplemental forms are included as a courtesy with your order.

Certificate of Transfer Form (Virginia Document)

Virginia Land Record Cover Sheet - Information (Virginia Document)

VA Circuit Court Deed Fee Schedule (Virginia Document)

Certificate of Acknowledgment (Virginia Document)

Jurat (Virginia Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Franklin County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Franklin County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Conditional Lien Waiver on Final Payment Forms:

• Franklin County

Including:

• Boones Mill
• Callaway
• Ferrum
• Glade Hill
• Hardy
• Henry
• Penhook
• Redwood
• Rocky Mount
• Union Hall
• Wirtz

What is the Virginia Conditional Lien Waiver on Final Payment?

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.

Our Promise

The documents you receive here will meet, or exceed, the Franklin 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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