My Account Deeds.com Real Estate Deeds

Virginia Unconditional Lien Waiver on Final Payment

Lien waivers are used between contractors and property owners as a quid-pro-quo arrangement to induce payment from an owner in return for the contractor waiving some or all available mechanic's lien rights. If the appropriate waivers are used, they offer advantages for both the contractor and the 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.

An unconditional waiver becomes effective when presented to the owner or other party, regardless of whether or not the payment is valid. If you unconditionally waive a lien, you can still sue on a breach of contract or other legal theory, but that is no substitute for the protections and ease of a mechanic's lien in recovering any money owed. An unconditional waiver gives an owner more protection while taking away some rights from the contractor.

Only use an unconditional final waiver AFTER receiving the final or full payment.

So, when used properly, waivers can facilitate the flow of business and encourage prompt payment.

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 Unconditional Lien Waiver on Final Payment Forms Have Been Updated as Recently as Thursday July 9, 2020

4.8 out of 5 (1591 Reviews)

What others like you are saying:


Earline S. said: Total package. Very prompt with complete instructions & example to complete forms. If you don't want to hire a lawyer, this is pretty simple & will bypass probate.

Reply from Staff: Thank you, we really appreciate your feedback.


DEBORAH G. said: This product is good but the text boxes are not large enough to contain the information required for the form. Even dates do not display with the entry you make.

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


Paul F. said: Excellent - no reservations. I used them on a Sunday and had my info on Monday. Not only did they execute the order flawlessly, the fixed my screw up* immediately. *I hit refresh before the "secured" page transmitted, so I created (2) two orders of the same item.

Reply from Staff: Thanks for the review Paul, glad you were happy with the service and staff. Our staff is pretty good at catching the few duplicate orders that get through.


Janalee T. said: Fast, easy. quickly accepted by county recorder.

Reply from Staff: Thank you!


Charles B. said: KVH really went above and beyond to help me try to find what I needed.

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


Candy A. said: Super simple to download all necessary forms. BIG thank you for this service.

Reply from Staff: Thank you!


Select County or Independent City where the property is located.

Virginia Unconditional Lien Waiver on Final Payment Form