Virginia
Lien Waiver Forms
Virginia Lien Waivers: No Statutory Form, but Pre-Work Contract Waivers Are Null and Void
State Rules
How Virginia treats lien waivers
Virginia prescribes no lien waiver form and requires no notarization for waivers (only the memorandum of mechanics' lien itself must be sworn), so our general-purpose conditional and unconditional waivers for progress and final payments apply. Under Va. Code § 43-3(C), lien rights may be waived in whole or in part at any time, but a general contractor, subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish lien rights in a contract in advance of furnishing any labor, services, or materials. Such contract provisions are null and void. Standalone waivers signed after furnishing begins remain fully valid, which is exactly how these forms are meant to be used.
Virginia lien waiver forms we generate
Four house forms cover every payment on a Virginia project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
Signing a lien waiver in Virginia
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Virginia, built into every waiver we generate.
Advance waivers
Va. Code § 43-3(C): lien rights may be waived in whole or in part at any time by a person entitled to the lien, except that a general contractor, subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish lien rights in a contract in advance of furnishing any labor, services, or materials. A provision doing so in a contract executed before providing any labor, services, or materials is null and void. Standalone waivers signed after furnishing begins remain valid.
Virginia execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in Virginia.
- ✓ Witness: not required in Virginia.
- ✓ E-signature: available. Send Virginia waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Create a free Virginia lien waiver
The correct Virginia form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
Working in another state?
Every state's waiver rules are different. Check before you sign.