Virginia lien waiver requirements

Virginia does not prescribe a statutory lien waiver form — any clear form works. Virginia does bar advance waivers: a contractor, subcontractor, or supplier may not waive lien rights in a contract before furnishing labor, services, or materials (Va. Code §43-3).

This guide covers what a Virginia waiver should contain, the advance-waiver bar, and notarization. It is general information, not legal advice — confirm specifics with a Virginia construction attorney.

Virginia at a glance

Mandatory statutory form

No — Virginia does not prescribe a waiver form

Governing lien law

Code of Virginia Title 43 (§43-3)

Advance waivers

Barred — can’t waive in a contract before furnishing labor/materials

Lien filing deadline

Generally file a memorandum of lien within 90 days of last work — confirm

Notarization

Not required (though it’s sometimes used to reduce disputes)

How ClearLien handles Virginia waivers

ClearLien automates the waiver loop for general contractors on QuickBooks Online: pay a subcontractor’s bill and the waiver is drafted from the payment, sent for no-account signing on any phone, and stored with a full audit trail — with retainage carved out. Minnesota’s form is live today and Virginia’s statutory forms are on the roadmap — start free and you’ll be ready the moment Virginia support goes live.

Virginia lien waiver FAQs

Does Virginia require a specific lien waiver form?

No. Virginia has no statutory waiver form, so any appropriate form may be used. It should clearly state the amount waived and the property and be signed by the party waiving.

Are advance lien waivers valid in Virginia?

No. Under Va. Code §43-3, a party may not waive or diminish lien rights in a contract executed before furnishing any labor, services, or materials. Waive only after work has begun and tie it to payment.

Do Virginia lien waivers need to be notarized?

No. A waiver gains no legal benefit from notarization, though some parties notarize to reduce later disputes.

Are electronic signatures valid in Virginia?

Generally yes, under Virginia’s adoption of UETA and the federal ESIGN Act. ClearLien records a full audit trail and stores the signed PDF tamper-evident with a content hash.

Does ClearLien support Virginia?

ClearLien automates the lien-waiver loop for general contractors on QuickBooks Online — pay a bill and the waiver is drafted, sent for no-account signing, and stored with an audit trail. Minnesota is live today and Virginia is on the roadmap; start free and you’ll be ready when Virginia support goes live.