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.
Virginia Partial Release of Mechanic's or Construction Lien
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Multi-State
Control #:
US-01029BG
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Word;
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How to fill out Partial Release Of Mechanic's Or Construction Lien?
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FAQ
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 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.
Virginia strictly adheres to the 150-day rule for mechanic's liens. The 150-day rule requires that no amounts be included in a mechanic's lien for labor or materials furnished more than 150 days prior to the last date the claimant furnished labor or material to the project.
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).
Must Virginia lien waivers be notarized? No, Virginia lien laws do not require waivers to be notarized in order to be valid and enforceable.
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.