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What is a Construction Lien Waiver?

A construction lien waiver (also called a mechanic's lien waiver) is a document in which a contractor, subcontractor, or material supplier waives their right to file a lien against a property. It confirms that payment has been received for work performed.

When do you need one?

Property owners, general contractors, and lenders request lien waivers at each payment milestone and at project completion. They protect against double payment and ensure the property title remains clear of liens.

Does it need to be notarized?

Many states require or recommend notarization for lien waivers to be legally enforceable. Some states (like California and Texas) have statutory lien waiver forms that may need notarization.

Can you notarize a Construction Lien Waiver online in your state?

Remote online notarization is authorized in 45 states, and a notarization performed under a state’s RON law is generally recognized in the others — so signers in states without their own RON statute can usually still notarize online with a commissioned notary elsewhere. Whether this document is eligible, and whether it needs witnesses, depends on your state and on the party who will accept it. Select your state for its specific rules.

AlabamaValid via out-of-state notaryAlaskaRON authorized since 2021ArizonaRON authorized since 2020ArkansasRON authorized since 2020CaliforniaLaw pending — valid via out-of-state notaryColoradoRON authorized since 2020ConnecticutRON authorized since 2023DelawareLaw pending — valid via out-of-state notaryDistrict of ColumbiaRON authorized since 2023FloridaRON authorized since 2020GeorgiaValid via out-of-state notaryHawaiiRON authorized since 2024IdahoRON authorized since 2020IllinoisRON authorized since 2022IndianaRON authorized since 2019IowaRON authorized since 2020KansasRON authorized since 2021KentuckyRON authorized since 2020LouisianaRON authorized since 2022MaineRON authorized since 2023MarylandRON authorized since 2020MassachusettsRON authorized since 2023MichiganRON authorized since 2019MinnesotaRON authorized since 2019MississippiLaw pending — valid via out-of-state notaryMissouriRON authorized since 2020MontanaRON authorized since 2019NebraskaRON authorized since 2020NevadaRON authorized since 2019New HampshireRON authorized since 2022New JerseyRON authorized since 2022New MexicoRON authorized since 2021New YorkRON authorized since 2023North CarolinaRON authorized since 2023North DakotaRON authorized since 2019OhioRON authorized since 2019OklahomaRON authorized since 2020OregonRON authorized since 2022PennsylvaniaRON authorized since 2020Rhode IslandRON authorized since 2023South CarolinaValid via out-of-state notarySouth DakotaRON authorized since 2020TennesseeRON authorized since 2019TexasRON authorized since 2018UtahRON authorized since 2019VermontRON authorized since 2022VirginiaRON authorized since 2012WashingtonRON authorized since 2020West VirginiaRON authorized since 2021WisconsinRON authorized since 2020WyomingRON authorized since 2021

Recording it after notarization

This document is typically recorded with the county where the property is located, and most counties accept electronic recording — so the notarized document can be submitted digitally the same day. Check your county's e-recording status →

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Notarization guides

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Frequently asked questions

Does a lien waiver need to be notarized?
It depends on the state. Many states require notarization for lien waivers to be enforceable. Check your state's mechanic's lien laws.
What is the difference between conditional and unconditional lien waivers?
A conditional waiver takes effect only when payment clears. An unconditional waiver takes effect immediately upon signing, regardless of whether payment has been received.
Should I sign a lien waiver before receiving payment?
Only sign a conditional waiver before payment. Never sign an unconditional waiver until you have confirmed the payment has cleared.
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