Clarke County Unconditional Lien Waiver on Partial Payment Form

Last validated June 11, 2026 by our Forms Development Team

Clarke County Unconditional Lien Waiver on Partial Payment Form

Clarke County Unconditional Lien Waiver on Partial Payment Form

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

Document Last Validated 6/11/2026
Clarke County Unconditional Lien Waiver on Partial Payment Guide

Clarke County Unconditional Lien Waiver on Partial Payment Guide

Line by line guide explaining every blank on the form.

Document Last Validated 6/11/2026
Clarke County Completed Example of the Unconditional Lien Waiver on Partial Payment Document

Clarke County Completed Example of the Unconditional Lien Waiver on Partial Payment Document

Example of a properly completed form for reference.

Document Last Validated 5/18/2026

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Important: Your property must be located in Clarke County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Circuit Court Clerk

Address:
102 North Church St / PO Box 189
Berryville, Virginia 22611-0189

Hours: Monday - Friday 9:00 am - 5:00 pm

Phone: (540) 955-5116

Recording Tips for Clarke County:
  • Ensure all signatures are in blue or black ink
  • White-out or correction fluid may cause rejection
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Clarke County

Properties in any of these areas use Clarke County forms:

  • Berryville
  • Bluemont
  • Boyce
  • Millwood
  • Paris
  • White Post

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Clarke County

How do I get my forms?

Forms are available for immediate download after payment. The Clarke 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 Clarke County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Clarke County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Clarke 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 Clarke County?

Recording fees in Clarke County vary. Contact the recorder's office at (540) 955-5116 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.

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.

Important: Your property must be located in Clarke County to use these forms. Documents should be recorded at the office below.

This Unconditional Lien Waiver on Partial Payment meets all recording requirements specific to Clarke County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Clarke County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

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