Albemarle County Unconditional Lien Waiver on Final Payment Form

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

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

Albemarle County Completed Example of the Unconditional Lien Waiver on Final Payment Document
Example of a properly completed form for reference.
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Additional Virginia and Albemarle County documents included at no extra charge:
Where to Record Your Documents
Albemarle County Circuit Court Clerk
Charlottesville, Virginia 22902-5110
Hours: 8:30 to 4:30 M-F
Phone: (434) 972-4085
Recording Tips for Albemarle County:
- Bring your driver's license or state-issued photo ID
- Documents must be on 8.5 x 11 inch white paper
- Recording fees may differ from what's posted online - verify current rates
- If mailing documents, use certified mail with return receipt
Cities and Jurisdictions in Albemarle County
Properties in any of these areas use Albemarle County forms:
- Batesville
- Charlottesville
- Covesville
- Crozet
- Earlysville
- Esmont
- Free Union
- Greenwood
- Ivy
- Keene
- Keswick
- North Garden
- Scottsville
- White Hall
Hours, fees, requirements, and more for Albemarle County
How do I get my forms?
Forms are available for immediate download after payment. The Albemarle 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 Albemarle County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Albemarle 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 Albemarle 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 Albemarle County?
Recording fees in Albemarle County vary. Contact the recorder's office at (434) 972-4085 for current fees.
Questions answered? Let's get started!
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.
Important: Your property must be located in Albemarle County to use these forms. Documents should be recorded at the office below.
This Unconditional Lien Waiver on Final Payment meets all recording requirements specific to Albemarle County.
Our Promise
The documents you receive here will meet, or exceed, the Albemarle County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
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