Virginia Lien Waiver Rules
- Rules At A Glance
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No Specific Form
Virginia does not provide or require specific forms for lien waivers.
Notarization Not Required
Virginia lien waivers do not need to be notarized in order to be effective, and they gain no benefit from notarization.
Cannot Waive Rights in Contract
No, parties may not waive lien rights by contract in advance of furnishing labor or materials.
Can Waive Rights Before Payment
Virginia does not prohibit lien waivers prior to payment, provided the work the waiver is subject to has already been provided.
Lien waivers are pretty complex documents. But they are also unassuming because of how frequently they get exchanged on construction jobs across the country, and in Virginia. A lien waiver is basically a receipt that payment has been made for work or materials on a job. These documents are exchanged at the time of payment, and commonly attached to subcontractor pay applications or vendor invoices.
There are different types of lien releases for different types of situations. And these documents have significant consequences for everyone on a job — as it connects directly to everyone’s right to cash! Also, one pesky aspect of lien waivers is that the process of sending, requesting, tracking, and collecting lien waivers is an administrative pain that slows down the payment on a project.
Knowing everything you can about lien waivers will allow you to make your process faster. And if your process is faster, your cash will move faster; and that’s good news for everyone on the project!
- For more on lien waivers in general, see: The Ultimate Guide to Lien Waivers in Construction
Virginia lien waiver laws
Virginia lien waivers are unregulated. This means the state does not have specific laws regulating the exchange of lien waivers on construction jobs, or the specific forms themselves. Many states laws set out the actual lien waiver form template that construction job participants must use. Virginia is not one of those states.
The lack of regulation actually makes exchanging lien waivers more difficult in Virginia, and riskier. This slows down the construction payment process. Plus, lien waivers can be a source of confusion with lots of room for error. Below are some frequently asked questions about the lien waiver laws and requirements in Virginia.