Fairfax Virginia Waiver of Lien Claim by Contractor

State:
Multi-State
County:
Fairfax
Control #:
US-OG-157
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a contractor to waive any lien claims in lands on or for which labor or materials have been provided.

A Fairfax Virginia Waiver of Lien Claim by Contractor is a legal document that contractors may use to waive their right to file a lien against a property in Fairfax, Virginia. This document is typically used when a contractor receives full payment for their services or materials provided for a construction project. By waiving their right to a lien, the contractor releases any claim they have on the property owner's assets, ensuring that the property remains free from any potential liens. Keywords: Fairfax Virginia, Waiver of Lien Claim, Contractor, construction project, property owner, assets, liens. There are different types of Fairfax Virginia Waiver of Lien Claims that contractors may encounter, depending on the specific circumstances of the project. These types include: 1. Conditional Waiver of Lien: This type of waiver is used when a contractor agrees to waive their right to a lien upon the receipt of a progress payment from the property owner. However, if the payment is rejected or fails to clear, the waiver becomes null and void, and the contractor can pursue their lien rights. 2. Unconditional Waiver of Lien: In this type of waiver, the contractor completely releases their right to file a lien once they receive full payment for their services or materials. It is a final and binding agreement. 3. Partial Waiver of Lien: Contractors may use this waiver when they receive partial payment for their work or materials. By doing so, they waive their right to a lien on the portion of the payment they have already received. 4. Final Waiver of Lien: This type of waiver is executed when the contractor receives their final payment and signifies that they are fully satisfied with the amount received. It eliminates any and all claims to a lien on the property. 5. Progress Payment Waiver of Lien: Contractors may use this waiver when receiving payments at different stages of the construction project. It ensures that the contractor waives their right to a lien on the specific progress payment. Contractors in Fairfax, Virginia should carefully consider the type of waiver they use based on their specific payment arrangements and the stage of the construction project. It is important to understand that waiving the right to a lien can have significant implications, so it is advisable to consult with a legal professional before executing any waivers. Failure to properly handle and execute waivers can lead to potential loss of rights and unpaid debts.

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FAQ

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).

Once you have paid off a note secured by a deed of trust (a mortgage) against real property, you must record a document called a "release of lien" in the County Clerk's records of the Texas county where the land is located.

Virginia law (§ 43-1 et seq.) permits persons who have performed labor or furnished materials for the construction, removal, repair or improvement of any building or structure to file a lien against the property.

Must Illinois lien waivers be notarized? No. Illinois does not require mechanics lien waivers to be notarized in order to be effective. Furthermore, electronic signatures are valid on lien waivers in Illinois, as well.

Under Virginia's statute, a mechanics' lien must be filed by a lien claimant within 90 days from the last day of the month in which the claimant last performed labor or furnished material but in no event later than 90 days from the time such building, structure, or railroad is completed.

No, Virginia does not provide or require statutory forms for lien waivers.

Must a New York lien waiver be notarized? No. New York does not specifically require lien waivers to be notarized. Additionally, electronic signatures are valid signatures in NY, including on lien waivers, despite the fact that New York has not adopted the UETA framework.

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).

Under Virginia's statute, a mechanics' lien must be filed by a lien claimant within 90 days from the last day of the month in which the claimant last performed labor or furnished material but in no event later than 90 days from the time such building, structure, or railroad is completed.

A contractor's lien is a common law right which entitles a contractor to remain in possession of the property of his employer as security for payment in respect of work performed on such property. An employer in a construction context will often require that the contractor waives its lien.

More info

No slander of title action lies for filing a wrongful mechanic's lien. Mechanic's liens are only enforceable if you follow-up with filing a lawsuit.NOTE: Court clerks cannot provide assistance in completing any of these forms. Fairfax County Recorder Mechanics Lien Filing Levelset. 4-Ply Built-Up Roofing with Gravel Ballast and Insulation. Just because a contractor fills out all the blanks in the form that doesn't meant it necessarily is valid. The contract time it takes to complete the work. Insurance (Agents, contractors, subcontractors). Clerks are required to verify the record created in the office from the original document or an exact paper copy until the verification process is complete. 3. Statutory construction occasionally results in a hardship, this is the law of Virginia.4.

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Fairfax Virginia Waiver of Lien Claim by Contractor