Fauquier County Conditional Lien Waiver on Final Payment Form (Virginia)

All Fauquier County specific forms and documents listed below are included in your immediate download package:

Conditional Lien Waiver on Final Payment Form

Fauquier County Conditional Lien Waiver on Final Payment Form

Fill in the blank Conditional Lien Waiver on Final Payment form formatted to comply with all Virginia recording and content requirements.
Included Fauquier County compliant document last validated/updated 10/1/2024

Conditional Lien Waiver on Final Payment Guide

Fauquier County Conditional Lien Waiver on Final Payment Guide

Line by line guide explaining every blank on the form.
Included Fauquier County compliant document last validated/updated 8/16/2024

Completed Example of the Conditional Lien Waiver on Final Payment Document

Fauquier County Completed Example of the Conditional Lien Waiver on Final Payment Document

Example of a properly completed form for reference.
Included Fauquier County compliant document last validated/updated 8/26/2024

When using these Conditional Lien Waiver on Final Payment forms, the subject real estate must be physically located in Fauquier County. The executed documents should then be recorded in the following office:

Clerk of Circuit Court: Recording Desk

29 Ashby St, Warrenton, Virginia 20186-3202

Hours: Monday - Friday 8:00 am - 4:30 pm

Phone: (540) 422-8100 or 422-8087

Local jurisdictions located in Fauquier County include:

  • Bealeton
  • Broad Run
  • Calverton
  • Casanova
  • Catlett
  • Delaplane
  • Goldvein
  • Hume
  • Markham
  • Marshall
  • Midland
  • Orlean
  • Rectortown
  • Remington
  • Somerville
  • Sumerduck
  • The Plains
  • Upperville
  • Warrenton

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Fauquier County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Fauquier County using our eRecording service.
Are these forms guaranteed to be recordable in Fauquier County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fauquier County including margin requirements, content requirements, font and font size requirements.

Can the Conditional Lien Waiver on Final Payment forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Fauquier County that you need to transfer you would only need to order our forms once for all of your properties in Fauquier County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Virginia or Fauquier County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Fauquier County Conditional Lien Waiver on Final Payment forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Lien waivers are quid-pro-quo arrangements between contractors and owners. The purpose of such waivers is to induce payment from an owner in return for the contractor waiving some or all available mechanic's lien rights. If the correct waivers are used, they offer advantages for both a contractor and owner.

In Virginia, any right to file or enforce any mechanics' lien may be waived in whole or in part at any time by any person entitled to such lien, except that a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights in a contract in advance of furnishing any labor, services, or materials. Va. Code 43-3(C). A provision that waives or diminishes a subcontractor's, lower-tier subcontractor's, or material supplier's lien rights in a contract executed prior to providing any labor, services, or materials is null and void. Id.

The Virginia legislature does not mandate a required form of a lien waiver, so common law principles of contract allow for the parties to use any form that clearly spells out their intentions. Note that it is a felony for any person to knowingly present a waiver form to an owner, his agent, contractor, lender, or title company for the purpose of obtaining funds or title insurance if the person forges or signs the form without authority. Va. Code. 43-13.1.

Waivers fall under two broad categories of "conditional" and "unconditional," and there are two subcategories of waivers for a "partial" or "final" payment. Each type comes with benefits and risks, so take care to use the correct form for the situation.

A conditional waiver depends on the actual receipt of payment, so use a conditional waiver when a party pays with a check but the claimant doubts whether it might clear. Therefore, if the check doesn't clear the bank, it is still possible to claim a lien down the line. This type of waiver offers greater protection to the contractor.

Use a full waiver on final payment when the fees/debt is completely paid. So, this might be the appropriate form for a situation where the owner submitted a check for the balance due, but the claimant wants to preserve the right to claim a lien until after the check clears the bank.

In this way, waivers can facilitate the flow of business and encourage prompt payment without any unnecessary holdups.

This article is provided for informational purposes only and should not be relied upon a substitute for the advice of an attorney. For any questions about Virginia lien waivers, please speak with a lawyer.

Our Promise

The documents you receive here will meet, or exceed, the Fauquier County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Fauquier County Conditional Lien Waiver on Final Payment form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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November 21st, 2024

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