Virginia Lien Waiver Forms — Generate in 60 Seconds
Generate Virginia-compliant lien waivers for your construction projects. Virginia does not prescribe mandatory statutory waiver forms, so properly drafted custom forms are used. All four waiver types are available — conditional and unconditional, progress and final. Advance waivers of lien rights are void under Code of Virginia 43-3(C), and forging a signature on a waiver form is a felony under Code 43-13.1.
Which Type Do You Need?
Virginia uses all 4 standard waiver types. Two factors determine which form you need: (1) whether payment has cleared, and (2) whether this covers a progress payment or the final payment. Because Virginia is not a statutory form state, your waivers should clearly state the scope of work covered, the payment amount, and whether the release is conditional on receipt of funds.
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Sign Up FreeVirginia Lien Waiver Rules at a Glance
No mandatory statutory forms
Virginia does not prescribe specific waiver language. Custom forms are used, but must clearly and unambiguously express the intent to waive lien rights with sufficient consideration.
Notarization not required
Virginia law does not require lien waivers to be notarized. However, a contract may require notarization as a condition of payment.
Advance waivers are void
Code 43-3(C) makes pre-work lien waivers null and void for GCs, subs, lower-tier subs, and material suppliers. Waivers signed after work begins remain enforceable.
Waiver forgery is a felony
Code 43-13.1: forging or signing without authority on a lien waiver form to obtain funds or title insurance is a felony.
5% retainage cap (public projects)
Code 2.2-4333 caps retainage at 5% on public contracts. Private project retainage is governed by the contract.
90-day filing deadline with 150-day look-back
Lien must be filed within 90 days from the last day of the month of last furnishing. The lien cannot include amounts for work older than 150 days before the last date of furnishing.
Virginia Lien Waiver Legal Requirements
Virginia is not a statutory form state for lien waivers. Unlike California or Texas, there is no prescribed form language — waivers must simply express a clear, unambiguous intent to waive lien rights and be supported by adequate consideration. The governing mechanics lien statute is Code of Virginia Title 43, Chapter 1. Code 43-3(C) prohibits advance waivers: any contract provision that waives or diminishes lien rights before the claimant furnishes labor, services, or materials is null and void. This protection applies to GCs (since the 2018 amendment), subcontractors, lower-tier subs, and material suppliers (since 2015). Virginia also imposes the 150-day look-back rule under Code 43-4: a mechanics lien memorandum cannot include amounts for labor or materials furnished more than 150 days before the claimant last furnished work on the project. The Virginia Supreme Court has ruled that including amounts outside this window invalidates the entire lien. Subs must give written notice to the property owner under Code 43-7, and for residential projects with a designated mechanics lien agent, notice under Code 43-4.01 must be sent within 30 days of first furnishing.
Recent Law Changes
- SB 550 (effective January 1, 2023): established mandatory payment timing from owner to GC to subs on private projects and prohibited pay-if-paid clauses on most public and private contracts.
- Code 43-3(C) amendment (effective July 1, 2018): extended the advance waiver prohibition to GCs, in addition to subs and suppliers (protected since 2015).
Virginia Conditional Progress Waiver
What It Is
Waives lien rights for a specific progress payment, effective only when the payment check clears the bank. Until the funds are actually received, your lien rights remain intact.
When to Use
When exchanging a waiver for a progress draw you haven't received yet, or when the check hasn't cleared.
Key Legal Points
- Release is conditional — effective only upon receipt of payment in good and sufficient funds.
- Covers only the specific progress payment amount stated, not the entire project.
- Should explicitly exclude unpaid retainage, pending change orders, and work performed after the through-date.
- Virginia does not require specific statutory language, but the conditional nature must be clearly stated.
- The waiver must be supported by adequate consideration (the promise of payment).
Tips
- Specify the exact through-date and payment amount to avoid disputes about scope.
- Keep copies of corresponding pay applications and invoices referenced in the waiver.
- Because Virginia allows custom forms, make sure your conditional language is explicit — vague wording could be interpreted as unconditional.
Virginia Unconditional Progress Waiver
What It Is
Immediately and irrevocably waives lien rights for a specific progress payment upon signing. There is no condition — once signed, the waiver is effective regardless of whether payment actually arrives.
When to Use
Only after you've received the progress payment and the funds have cleared.
Key Legal Points
- Effective immediately upon signing — no condition on payment clearing.
- Covers only the specific progress payment amount, not the entire project.
- Should exclude unpaid retainage and pending change orders.
- Once signed, you cannot reclaim lien rights for the covered amount even if payment fails.
- Virginia law does not prohibit requiring unconditional waivers, unlike Texas.
Warning
Do not sign an unconditional progress waiver until the check has cleared your bank. Unlike Texas, Virginia has no statute prohibiting a GC from requiring an unconditional waiver before payment. Your only protection is refusing to sign prematurely.
Tips
- Wait for funds to clear before signing — there is no statutory backstop in Virginia if you sign too early.
- If pressured to sign before payment, offer a conditional waiver instead.
Virginia Conditional Final Waiver
What It Is
Waives lien rights for all labor, services, equipment, and materials furnished on the entire project, conditioned on receipt of the final payment including retainage.
When to Use
When submitting a request for final payment (including retainage) but you haven't received it yet.
Key Legal Points
- Covers the entire project scope — all labor, materials, equipment, and services.
- Conditional on receipt of final payment in good and sufficient funds.
- Final payment amount should include all retainage and approved change orders.
- The conditional language protects you if the final check bounces or never arrives.
- Virginia courts will enforce clear conditional language, so draft it precisely.
Tips
- Confirm that the final payment amount includes all retainage — on public projects, retainage is capped at 5% under Code 2.2-4333.
- List any disputed amounts or pending change orders as exclusions if they haven't been resolved.
- Keep records of the final pay application and any retainage reconciliation.
Virginia Unconditional Final Waiver
What It Is
Immediately and irrevocably releases all lien rights for the entire project upon signing. This is the most consequential waiver — it states you have been paid in full.
When to Use
Only after all payment — including final payment, retainage, and any approved change orders — has been received and cleared.
Key Legal Points
- Effective immediately upon signing — covers ALL work on the project.
- No conditions, no carve-outs, no going back.
- States that the signer has been paid in full for all labor, services, equipment, and materials.
- Virginia courts will enforce this as written — there is no statutory safety net for signing prematurely.
- Cannot be reversed once executed, even if amounts are later found to be owing.
Warning
This is your final release. Do not sign with any amounts outstanding — including retainage, disputed extras, or pending change orders. Verify every dollar before signing.
Tips
- Triple-check that all retainage has been released and all change orders are settled before signing.
- If any disputes remain, use a conditional final waiver and resolve the disputes separately.
Common Virginia Lien Waiver Mistakes
- 1
Signing a lien waiver in the original contract before work begins
Code 43-3(C) makes advance waivers null and void. Any contract clause waiving lien rights before you furnish labor or materials is unenforceable. This applies to GCs (since 2018), subs, and suppliers (since 2015). If your contract has this language, it has no legal effect.
- 2
Including amounts outside the 150-day look-back window in a lien claim
Virginia's 150-day rule (Code 43-4) means a mechanics lien cannot include charges for work performed more than 150 days before the last date of furnishing. The Virginia Supreme Court has held that including such amounts invalidates the entire lien — not just the offending line items.
- 3
Signing an unconditional waiver before payment clears
Virginia has no statute like Texas Section 53.283 that prohibits requiring unconditional waivers before payment. If you sign an unconditional waiver and the check bounces, you've released your lien rights with no recourse. Always use a conditional waiver until funds clear.
- 4
Failing to give proper notice as a subcontractor
Under Code 43-7, a sub's lien cannot exceed the amount the owner owes the GC at the time notice is given. Delay your notice and the owner may have already paid the GC in full, leaving your lien worthless. On residential projects with a designated mechanics lien agent (Code 43-4.01), notice must be given within 30 days of first furnishing.
- 5
Using vague conditional language in a custom waiver
Since Virginia doesn't prescribe statutory form language, the conditional nature of your waiver depends entirely on how you draft it. Ambiguous language like 'upon payment' without specifying when the condition is satisfied can be interpreted as unconditional by a court. Be explicit: 'This waiver is effective only upon receipt of payment in good and sufficient funds.'
Virginia Lien Waiver FAQ
Does Virginia require statutory lien waiver forms?
Do lien waivers need to be notarized in Virginia?
What's the difference between a conditional and unconditional lien waiver in Virginia?
Are advance lien waivers enforceable in Virginia?
What are Virginia's mechanics lien filing deadlines?
What is Virginia's 150-day look-back rule?
What notice must a subcontractor give in Virginia?
Is there a retainage cap in Virginia?
What happens if someone forges a signature on a lien waiver in Virginia?
Did Virginia's 2023 prompt payment law affect lien waivers?
Lien Waiver Guides & Resources
Lien Waivers Meet QuickBooks Online: Automatic Sync for GCs
LienWaiver.pro now syncs lien waivers directly with QuickBooks Online. Generate waivers from QBO bills, track them, and attach signed PDFs back to the bill.
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Conditional vs Unconditional Lien Waiver: Which One Should You Sign?
Sign conditional waivers before payment clears, unconditional after. Here's the difference and why it matters.
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How to Fill Out a Lien Waiver Form: A Step-by-Step Guide
A lien waiver has 8-12 fields. Here's what goes in each one, common mistakes that invalidate waivers, and how to avoid signing away more than you should.
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Do Lien Waivers Need to Be Notarized? A State-by-State Guide
Only 2 states require notarized lien waivers by law. In California, notarization may actually invalidate your waiver. Here's what you need to know.
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Lien Waiver Forms for Other States
* = mandatory statutory form language required