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Virginia lien waiver requirements
Virginia voids pre-contract lien waivers. Waivers signed after work begins are still valid.
Virginia Code Title 43, Chapter 1 (§43-3)
The short version
Virginia Code §43-3 was amended to protect lien rights on the front end. Any contract clause that waives or diminishes a contractor, subcontractor, lower-tier sub, or supplier's lien rights signed before furnishing labor, services, or materials is null and void. Waivers signed after work begins, including per-payment waivers, are still enforceable. Virginia doesn't prescribe a form, but the timing rule is hard.
At a glance
- Va. Code §43-3: lien rights and waiver rules
- Pre-contract waivers of lien rights are null and void
- Post-work waivers are still enforceable
- Memorandum of lien due within 90 days of last day of month worked
What Virginia law actually requires
Va. Code §43-3 voids any contract provision that waives or diminishes lien rights when signed in advance of furnishing labor, services, or materials. The protection covers GCs, subs, lower-tier subs, and material suppliers. A blanket lien waiver clause in the sub contract is unenforceable.
Virginia does not prescribe a waiver form. After work begins, a plain-English per-payment waiver that names the claimant, the project, the through-date, and the dollar amount is the working standard.
Virginia's memorandum of lien deadline
A claimant must file a memorandum of mechanic's lien within 90 days of the last day of the month in which labor was last performed or materials were last supplied. That last-day-of-month rule trips people up.
A lookback window of 150 days also applies: you can only capture amounts owed for work performed in the 150 days before the memorandum is filed or the last day of work, whichever is earlier. Older unpaid work doesn't ride along.
Common Virginia mistakes
Putting a blanket lien waiver clause in the sub contract. §43-3 voids it the moment the sub starts work.
Misreading the 90-day deadline as calendar days from last furnishing. The clock starts on the last day of the month worked, not the day work ended.
Trying to claim more than 150 days of back work. The lookback window caps the amount you can lien for.
Questions
Does Virginia require a statutory lien waiver form?
No. Title 43 does not prescribe a waiver form. A plain-English per-payment waiver is the working standard.
Can a Virginia sub waive lien rights in the contract?
No. Va. Code §43-3 voids any contract clause that waives lien rights in advance of furnishing labor, services, or materials. Waivers signed after work begins are still enforceable.
What is the deadline to file a Virginia memorandum of lien?
90 days from the last day of the month in which labor was last performed or materials were last supplied. A 150-day lookback also caps the amount that can be liened for.
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