Virginia Mechanics Lien Guide and FAQs

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Virginia Lien Waiver Overview

Virginia Lien Waiver Rules


  • Rules At A Glance
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Preliminary notice not required in WV
No Specific Form

Virginia does not provide or require specific forms for lien waivers.


notary not required on lien waiver
Notarization Not Required

Virginia lien waivers do not need to be notarized in order to be effective, and they gain no benefit from notarization.


icon-can't waive lien rights
Cannot Waive Rights in Contract

Sub-tier parties can not waive lien rights by contract in advance of furnishing labor or materials. Note, however, that a direct contractor may waive lien rights at any time.


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Can Waive Rights Before Payment

In Virginia, a direct contractor may waive lien rights at any time, and a sub-tier contractor or supplier may waive lien rights after s/he furnishes labor or material to the project.

The rules surrounding Virginia lien waivers were modified in 2016. While there has been plenty of time for construction participants in Virginia to catch up with the changes, it is still possible to find Virginia construction contracts with profited “no-lien” clauses.

Prior to 2016, Virginia was one of the very few states that explicitly allowed lien rights for all parties to be waived prior to furnishing labor or material to the project by including an advance lien waiver in the contract itself. After the 2016 modification of the law, however, it became impossible for a “subcontractor, lower-tier subcontractor, or material supplier” to waive lien rights prior to furnishing labor or materials to the project.

This prohibition brought Virginia in line with most other states by disallowing the waiver of lien or bond claim rights prior to furnishing work, for most parties. It is worth noting, however, that direct contractors are not prohibited from waiving lien rights in contract prior to work. Direct contractors would rarely have a clause limiting their ability to use payment security like liens and bond claims in their contract, but if such a clause was included it would likely be enforceable. While the statute specifically mentions “material suppliers” as unable to waive lien rights prospectively through contract, it is worth being careful – a material supplier who supplies materials directly to the owner may not want to test their ability to waive lien rights in contract, despite the prohibition, since the clause seems specifically targeted to sub-tier parties.

It is also worth noting that the prohibition against advance lien waivers is limited to waiving lien rights in the contract prior  to work. There is specifically no prohibition on waiving lien rights after the work is performed or the materials are furnished, but before payment is made. In fact, that was specifically modified in the amendment so that such pre-payment waivers were allowed. Finally, whether clauses like “pay-when-paid” or “pay-if-paid” are prohibited or potentially work to waive lien rights is contentious and not entirely well-decided.

Virginia Lien Waivers FAQs

Virginia's lien waiver rules can be difficult to understand, especially since some of the rules only apply to certain parties on the job. General contractors can waive lien rights before even doing work - but subs and suppliers cannot. Learn about this and some more of the most common questions about Virginia's lien waiver rules below.

Virginia Lien Waiver FAQs

Does Virginia require a specific statutory lien waiver form?

No, Virginia does not provide or require statutory forms for lien waivers.

What are the requirements for an Virginia lien waiver? What makes a lien waiver binding?

General contractors are not restricted concerning lien waivers.  “A subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights, the right to assert payment bond claims, or the right to assert claims for demonstrated additional costs in a contract in advance of furnishing any labor, services, or materials” and any provision attempting to do so is unenforceable.

Are Unconditional Lien Waivers Prohibited in Virginia?

General contractors are not prohibited from using unconditional lien waivers.  Subcontractors and suppliers are prohibited from waiving lien rights in any way prior to furnishing labor or materials.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Virginia?

General contractors are not prohibited from waiving lien rights in advance of payment.  Subcontractors and suppliers are prohibited from waiving lien rights in advance of furnishing labor or materials.

Must Virginia lien waivers be notarized?

No. Virginia statute does not require that lien waivers be notarized.

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Free Virginia Lien Waivers Forms & Templates

Virginia does not require specific lien waiver forms to be used in order for a lien waiver to be valid. This means that any template can be used, basically no matter what it says, and what additional rights are given up. Using these forms is safe, easy, stress-free, and fair for everyone involved. These forms are simple, easy to use, and don’t have surprises about what rights are being waived.

The forms provided here for free by Levelset are compliant with Virginia rules, and easy for everybody to understand. You can download them free, or use our free system to send or request your compliant Virginia lien waiver form.

Free Virginia Lien Waiver Forms

These Virginia lien waiver forms are compliant with the state's requirements, and don't contain any surprises or waiver of additional rights. Make it easy, and use forms from the source you can trust.

Virginia Final Conditional Lien Waiver Form - free from

Virginia Final Conditional Lien Waiver Form

This va final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Virginia Final Unconditional Lien Waiver Form - free from

Virginia Final Unconditional Lien Waiver Form

This va final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Virginia Partial Conditional Lien Waiver Form - free from

Virginia Partial Conditional Lien Waiver Form

This va partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Virginia Partial Unconditional Lien Waiver Form - free from

Virginia Partial Unconditional Lien Waiver Form

This va partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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