Montgomery County Unconditional Lien Waiver on Partial Payment Form

Montgomery 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.

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

Montgomery County Completed Example of the Unconditional Lien Waiver on Partial Payment Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Virginia and Montgomery County documents included at no extra charge:
Where to Record Your Documents
Montgomery Circuit Court Clerk
Christiansburg, Virginia 24073
Hours: 8:30 to 4:30 M-F / Recording until 4:00
Phone: (540) 382-5760
Recording Tips for Montgomery County:
- Ensure all signatures are in blue or black ink
- Documents must be on 8.5 x 11 inch white paper
- White-out or correction fluid may cause rejection
- Make copies of your documents before recording - keep originals safe
- Recording fees may differ from what's posted online - verify current rates
Cities and Jurisdictions in Montgomery County
Properties in any of these areas use Montgomery County forms:
- Blacksburg
- Christiansburg
- Elliston
- Mc Coy
- Pilot
- Riner
- Shawsville
Hours, fees, requirements, and more for Montgomery County
How do I get my forms?
Forms are available for immediate download after payment. The Montgomery 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 Montgomery County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Montgomery 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 Montgomery 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 Montgomery County?
Recording fees in Montgomery County vary. Contact the recorder's office at (540) 382-5760 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 Montgomery 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 Montgomery County.
Our Promise
The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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