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Lien waivers by state · Virginia

Virginia lien waiver requirements

Virginia is a non-statutory state

Virginia does not prescribe or require any specific statutory lien-waiver form, so waivers may be freely worded as long as they are in writing, signed, and supported by consideration. The one firm restriction is in Va. Code § 43-3(C): a contractor, subcontractor, lower-tier subcontractor, or material supplier may NOT waive or diminish lien rights in a contract executed before furnishing any labor, services, or materials — any such advance waiver is null and void. Waivers signed after work has begun (for past or future work) are enforceable.

Statute: Va. Code Ann. § 43-3 (lien rights / waiver); filing under § 43-4

Virginia lien waiver forms

The four standard waiver-and-release types and Virginia’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Virginia law does not require lien waivers to be notarized to be valid or enforceable. Notarization adds no statutory benefit, though a party's contract may require it as a condition of payment.
Mandatory statutory language: Virginia prescribes no mandatory waiver form or required statutory language; any template may be used as long as it clearly expresses intent to waive and is supported by consideration. The only statutory limit is that advance (pre-work) waivers in a contract are void under § 43-3(C).
Electronic signatures accepted

Key Virginia deadlines

Preliminary / pre-lien notice: Generally not required. Required only on 1-2 family residential projects where a Mechanics' Lien Agent (MLA) is designated in the building permit — then notice to the MLA is due within 30 days of first furnishing labor/materials (or within 30 days of permit issuance).
Notice of intent to lien: Not required. Virginia does not mandate a pre-filing notice of intent to lien (though one is commonly used to prompt payment). Note: subcontractors must serve notice of the recorded memorandum on the owner (§ 43-7), and lower-tier subs on the owner and general contractor (§ 43-9).
Mechanics lien filing deadline: Within 90 days from the last day of the month in which labor/materials were last furnished, and no later than 90 days after the structure was completed or work otherwise terminated (Va. Code § 43-4). Separately, a lien can only capture amounts for work in the 150 days preceding the last day of work (150-day lookback rule).

Virginia lien waiver FAQ

Does Virginia require a specific lien waiver form?

No. Virginia does not require or provide a specific lien waiver form. Waivers are largely unregulated and may use any wording, provided they are in writing, signed, and supported by consideration. The only hard rule is that a waiver of lien rights in a contract signed before any work is furnished is void (Va. Code § 43-3(C)).

Do lien waivers need to be notarized in Virginia?

No. Virginia law does not require lien waivers to be notarized to be valid or enforceable, and notarization provides no added statutory benefit. A party's own contract could still require it as a condition of payment.

Can lien waivers be signed electronically in Virginia?

Yes. Virginia does not require notarization of lien waivers, and electronic signatures are generally acceptable under Virginia's adoption of UETA, so lien waivers can typically be signed electronically unless a contract specifies otherwise.

What is the deadline to file a mechanics lien in Virginia?

Generally 90 days: a memorandum of mechanics' lien must be recorded within 90 days from the last day of the month in which labor or materials were last furnished, and no later than 90 days after the project was completed (Va. Code § 43-4). A separate 150-day lookback limits which amounts the lien can cover.