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Virginia
Waiver of Mechanic's or Construction Lien

Virginia Waiver of Mechanic's or Construction Lien

Category:

Liens - Construction - Mechanics

State:

Multi-State

Control #:

US-01051BG

Format:

Instant download

Description

A lien or right to claim a lien may be waived by agreement. A waiver of a lien should be in writing, and the writing should plainly show that the claimant or potential claimant clearly and knowingly intended to waive the lien or right to a lien.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Waiver Of Mechanic's Or Construction Lien?

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FAQ

PREPARING THE VIRGINIA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

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).

No person other than a person claiming a lien under [Virginia Code §43-3(B) for streets, storm or sanitary sewer, waterlines or roads] may claim a lien ... with respect to a one or two family residential dwelling unit if such person fails to notify any mechanic's lien agent identified on the building ...

Virginia mechanics' liens can even survive the bankruptcy of the owner. This means that mechanics' liens have priority over deeds of trust or other such property encumbrances even if the lien was filed in the land records office after them.

Must Virginia lien waivers be notarized? No, Virginia lien laws do not require waivers to be notarized in order to be valid and enforceable.

Virginia does not allow for the waiver of lien rights prior to performance. Virginia has no requirement that a lien waiver must be notarized. However, if your contract requires a notarized waiver in exchange payment, then the terms of contract apply.

The Virginia Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

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