Virginia Lien Waiver Guide
Virginia accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
90 days from last furnishing labor or materials (150 days for general contractors on certain projects)
Notice Requirements
Subcontractors must provide a Notice to Owner within 30 days of first furnishing or within 30 days of a payment request not being met.
Key Statutes
Va. Code Ann. §43-1 et seq.
Waiver Types in Virginia
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
Virginia Lien Waiver Rules
Virginia does not require statutory waiver forms. Custom waivers are enforceable. Virginia has detailed notice requirements that vary based on the claimant's role. The state provides strong mechanics lien protections. Waivers should be specific about payments and the scope of work covered.
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