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Are you required to provide an original signature on a lien waiver?

Virginia
Anonymous Subcontractor

I signed (not electronic but actual signature in blue ink) scanned and emailed a lien waiver back to a general contractor. He is now requesting the original with the "wet" signature. Am I required to comply or is the emailed copy considered legal and binding? State is Virginia.

1 reply

Feb 1, 2021

Depending on what the contract says and whether the sigining meets e-signature requirements, yes, they can require a "wet" signature. Such a requirement would also protect you as well because a wet signature may be harder to forge than an electronic signature. Should this get to court, the copy that you scanned would be authenticated and binding, but I don't see the harm in providing the copy that you scanned and forwarded as the original to the GC.

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