I am an HVAC Contractor in the State of Virginia, I finished the job I got paid the majority of the payment but not the final payment, homeowner asking I need to sign a Conditional Final Payment and Release of Lien Waiver then he will pay the final payment by check, the question if legally I have to sign also if his check returns what is my option?
As a general rule, owners and general contractors can require such in exchange for payment but not where you haven't been paid yet. It is not a statutory requirement, but a contractual one. I would edit any waiver to state that the waiver is good only upon "receipt and clearance" of payment to cover the potential bounced check scenario.