Virgin Islands Waiver of Mechanic's or Construction Lien

State:
Multi-State
Control #:
US-01051BG
Format:
Word; 
Rich Text
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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FAQ

Preventing Liens Keep track of Preliminary Notices so that you are aware of who may file a lien claim on your property. There are a few specific methods you can use to make sure potential lien claimants have been paid: JOINT CHECKS Joint checks are the simplest way to prevent construction liens.

Under Virginia Code Section 54.1-1115, no one may contract for or bid upon the ?construction, removal, repair, or improvements to or upon real property owned, controlled or leased by another person? without a license or the correct type of license.

Can an Unlicensed Contractor file a lien? The Construction Lien Law only permits a licensed contractor, subcontractor or sub-subcontractor to lien property. Upon receipt of a Claim of Lien, the owner should ascertain whether the lienor was properly licensed to perform work.

Any person who undertakes work without (i) any valid Virginia contractor's license or certificate when a license or certificate is required by this chapter or (ii) the proper class of license as defined in § 54.1-1100 for the work undertaken, shall be fined an amount not to exceed $500 per day for each day that such ...

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.

Can an unlicensed contractor file a Virginia mechanics lien? No. Anyone who is required to be licensed by the Virginia Board for Contractors for the work performed, and aren't, are not entitled to lien rights.

Compared to other states, Virginia's contractor license requirements are generally straightforward. Anyone performing or managing a project ? or removing, repairing, or improving a project valued in excess of $1,000 ? requires a license.

If the contractor does not have a valid license, then the contractor may have violated § 59.1-200(A)(46) of the VCPA, which allows the consumer homeowner to file a complaint against the unlicensed contractor to recover whatever financial damages were caused by the contractor in addition to reasonable attorney's fees ( ...

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Virgin Islands Waiver of Mechanic's or Construction Lien