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does stamping a waiver with the words "do not record. this is a copy" have any impact on its validity if it has been signed?

VirginiaLien WaiversMechanics Lien

I am a supplier providing good to a project in VA. The customer who is the GC, required a payment application be signed before agreeing to make the final payment. The payment app included a waiver as part of the language. We signed the payment application, but stamped it with the words "Do Not Record. This is a Copy." Does that stamp have any impact on whether the waiver is still valid? In other words, can I still file a lien ?

1 reply

Apr 15, 2020
It depends on the language of the waiver. If it is contingent on receipt of the funds, then yes, you're lien rights are enforceable (assuming you meet the statutory deadlines, requirements, etc.). I do not believe that the stamp makes a difference. Waivers are not usually recorded in any event.
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