Fairfax County Unconditional Lien Waiver on Partial Payment Forms (Virginia)
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Form Package
Unconditional Lien Waiver on Partial Payment
State
Virginia
Area
Fairfax County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Fairfax County specific forms and documents listed below are included in your immediate download package:
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.
Included document last reviewed/updated 4/18/2024
Unconditional Lien Waiver on Partial Payment Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/8/2024
Completed Example of the Unconditional Lien Waiver on Partial Payment Document
Example of a properly completed form for reference.
Included document last reviewed/updated 2/19/2024
Included Supplemental Documents
The following Virginia and Fairfax County supplemental forms are included as a courtesy with your order.
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 Virginia or Fairfax County. 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?
Forms are NOT emailed to you. Immediately after you submit payment, the Fairfax County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Fairfax County Unconditional Lien Waiver on Partial Payment 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 Unconditional Lien Waiver on Partial Payment 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 Fairfax County that you need to transfer you would only need to order our forms once for all of your properties in Fairfax County.
Are these forms guaranteed to be recordable in Fairfax County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fairfax 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 Unconditional Lien Waiver on Partial Payment Forms:
- Fairfax County
Including:
- Alexandria
- Annandale
- Burke
- Centreville
- Chantilly
- Clifton
- Dunn Loring
- Fairfax
- Fairfax Station
- Falls Church
- Fort Belvoir
- Great Falls
- Greenway
- Herndon
- Lorton
- Mc Lean
- Merrifield
- Mount Vernon
- Newington
- Oakton
- Reston
- Springfield
- Vienna
- West Mclean
What is the 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.
Our Promise
The documents you receive here will meet, or exceed, the Fairfax 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
Get your Fairfax County Unconditional Lien Waiver on Partial Payment form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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