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Must Virginia lien waivers be notarized? No, Virginia lien laws do not require waivers to be notarized in order to be valid and enforceable. However, if your contract requires a notarized waiver in exchange for payment, the terms of the contract will apply.
There is a defense of payment in Virginia. Consequently, the owner is only required to pay for the project once. The owner can keep making legitimate payments until receipt of notice of a mechanic's lien from a subcontractor. If the owner has already paid once for the project, all mechanic's liens will fail.
The Virginia lien law states that the memorandum should be recorded in the clerk's office in the county or city in which the building, structure or railroad, or any part thereof is located. If the property spans more than one county, your claim should be filed in both.
Who can file a Virginia mechanics' lien Claim? All persons providing labor or materials worth $50 or more for the construction, repair, or improvement or removal of any permanent building or structure next to real estate or railroad is entitled to file a Virginia mechanics' lien .
When is the deadline to file a Virginia mechanics lien? In Virginia, a potential lien claimant must file a mechanics lien within 90 days from the last day of the last month in which he furnished labor and/or materials to the project (it must also be within 90 days from the completion or termination of the project).