My Account Deeds.com Real Estate Deeds

Virginia Unconditional Lien Waiver on Partial 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.

Use a partial payment waiver when an owner or agent makes a payment on the amount owed, but still leaves a balance due. This waiver provides notice that the previous lien has been adjusted and the claimant agrees to relinquish rights up to the agreed-upon date and dollar amount.

So, when used properly, 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 Unconditional Lien Waiver on Partial Payment Forms Have Been Updated as Recently as Monday October 14, 2019

4.7 out of 5 (910 Reviews)

What others like you are saying:


Susan M. said: I was able to download a lot of forms that I need, will be going back to day to search for records so I can fill in the blanks. A great website for forms - It was easy to find what I needed and download! Thanks!!!

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


Linda C. said: If I hadn't spent my career as an escrow officer (albeit in another state), I may have had a hard time figuring out exactly which deed I needed and how to prepare them, even with the back-up informational, how-to pdf documents, without an attorney. My experience speaks to how much the general public doesn't understand and how confusing it can be. Nonetheless, the access to so many documents at a fairly reasonable cost, the basic how-to docs made available along with the purchased doc makes all the difference. I appreciate having such things available to the public. Many thanks.

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


Gene J. said: Easy to pay for, hard to download. A zip file containing all the forms would be a great addition. Your warning under the Review box needs help: see Your review may displayed publicly so please do not include any personal information.

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


Jacinto A. said: The forms are exactly what was needed. But wish I was able to click on the preview form to make sure it was the correct forms

Reply from Staff: Thank you for your feedback Jacinto.


Sallie S. said: Great speedy service with access to areas beyond my reach.

Reply from Staff: Thank you Sallie, have a great day!


Martin P. said: The DEEDs website is very easy to navigate and find the required documents. I have not yet had an opportunity to review the documents I purchased and downloaded. That is the reason I have assigned a rating of four stars. I fully hope that can raise my rating to five stars after I've used those documents.

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


Select County or Independent City where the property is located.

Virginia Unconditional Lien Waiver on Partial Payment Form