Virginia Mechanics Lien Guide and FAQs

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Virginia Lien Waiver FAQs

Virginia Lien Waiver Overview

Virginia Lien Waiver Rules


  • Rules At A Glance
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lien waivers not regulated
No Specific Form

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


lien waivers do not need to be notarized
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

No, parties may not waive lien rights by contract in advance of furnishing labor or materials.


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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!

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.

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. Because the forms and content are not regulated by Virginia’s lien laws, careful attention should be paid to the actual terms and amounts listed in the waiver to ensure that you aren’t waiving more than intended.

• For more on this, see: Should You Sign That Lien Waiver?

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

For a Virginia mechanics lien to be enforceable, the waiver must be clearly and unambiguously express the intent of the parties to waive lien rights. Furthermore, the waiver must be supported by sufficient consideration.

Are Unconditional Lien Waivers Prohibited in Virginia?

No, as long as the wavier is clear, unambiguous, and signed by the waiving party, an unconditional waivers is valid and enforceable. However, if you have yet to receive payment, you may want to consider executing a conditional waiver as a safer option.

Conditional vs. Unconditional Waivers; What’s the Difference?

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

Virginia does not allow the waiver or diminishment of lien rights in a contract in advance of performance. Essentially a prohibition on “no-lien clauses.” This wasn’t always the case, amendments were made in 2015 to prohibit this practices for subcontractors and suppliers. Which was then subsequently expanded to include general contractors as well in 2018.

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.

Must Virginia lien waivers be notarized?

No, Virginia lien laws do not require waivers to be notarized in order to be valid and enforceable. However, if your contract requires a notarized waiver in exchange for payment, the terms of the contract will apply.

Do Lien Waivers Need to Be Notarized? Usually, No

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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 & Release Form - free from

Virginia Final Unconditional Lien Waiver & Release Form

Complete the form on the right to download a free Virginia Final Unconditional Lien Waiver Form. You can fill it out with a PDF editor...

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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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