Frederick County Unconditional Lien Waiver on Partial Payment Form (Virginia)
All Frederick County specific forms and documents listed below are included in your immediate download package:
Unconditional Lien Waiver on Partial Payment Form
Fill in the blank Unconditional Lien Waiver on Partial Payment form formatted to comply with all Virginia recording and content requirements.
Included Frederick County compliant document last validated/updated 8/2/2024
Unconditional Lien Waiver on Partial Payment Guide
Line by line guide explaining every blank on the form.
Included Frederick County compliant document last validated/updated 8/21/2024
Completed Example of the Unconditional Lien Waiver on Partial Payment Document
Example of a properly completed form for reference.
Included Frederick County compliant document last validated/updated 8/23/2024
The following Virginia and Frederick County supplemental forms are included as a courtesy with your order:
When using these Unconditional Lien Waiver on Partial Payment forms, the subject real estate must be physically located in Frederick County. The executed documents should then be recorded in the following office:
Clerk of the Circuit Court
Judicial Center - 5 N Kent St, Winchester, Virginia 22601-5037
Hours: 9:00am to 5:00pm M-F
Phone: (540) 667-5770
Local jurisdictions located in Frederick County include:
- Brucetown
- Clear Brook
- Cross Junction
- Gore
- Middletown
- Star Tannery
- Stephens City
- Stephenson
- Winchester
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 Frederick 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 Frederick County using our eRecording service.
Are these forms guaranteed to be recordable in Frederick County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Frederick County including margin requirements, content requirements, font and font size requirements.
Can the Unconditional Lien Waiver on Partial 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 Frederick County that you need to transfer you would only need to order our forms once for all of your properties in Frederick County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Virginia or Frederick 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 Frederick County Unconditional Lien Waiver on Partial 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 used between contractors and property owners as a quid-pro-quo arrangement to induce payment from an owner, in return for the contractor waiving some or all available mechanic's lien rights. If the appropriate waivers are used, they offer advantages for both the contractor and the 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.
An unconditional waiver becomes effective when presented to the owner or other party, regardless of whether or not the payment is valid. If you unconditionally waive a lien, you can still sue on a breach of contract or other legal theory, but that is no substitute for the protections and ease of a mechanic's lien in recovering any money owed. An unconditional waiver gives an owner more protection while taking away some rights from the contractor.
Use a partial payment waiver when an owner or agent makes a payment on the amount owed, but still leaves a balance due. This waiver provides notice that the previous lien has been adjusted and the claimant agrees to relinquish rights up to the agreed-upon date and dollar amount.
So, when used properly, 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 Frederick 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 Frederick County Unconditional Lien Waiver on Partial 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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