Virginia General Assembly Bans Certain Prospective Lien Waivers
Effective July 1, 2015, Virginia law will no longer allow a general contractor to require a subcontractor, lower tier subcontractor or material supplier to waive lien rights prior to beginning work. The legislature amended Va. Code § 43-3.C to state that no subcontractor, lower tier subcontractor or material supplier may waive or diminish its lien rights in a contract prior to furnishing any labor or materials and that such clauses entered into prior to furnishing labor or materials are null and void. All other parties can waive their lien rights at any time, including prior to beginning work. A general contractor could therefore still be required by the owner to waive it’s own lien rights in the contract.
John S. Morris, III Esquire (Contributing Author)
Beale, Davidson, Etherington & Morris, P.C. (www.bealelaw.com)
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