Lien Waiver Requirements for Every U.S. State

Lien waivers are an essential part of construction projects. However, not all lien waiver forms are created equal across the country. There are 12 states that require statutory regulated lien waiver forms, while the rest remain unregulated. Unregulated forms can be misleading due to variations in language used. That’s why we’ve created a detailed list of regulations you should follow.

With lien waiver management software, like GCPay, you can easily abide by any state regulations while also efficiently managing payments. Below, we’ll unpack the rules and regulations for each lien waiver form by state. While we have thoroughly researched what is required by each state, consult a lawyer for the exact requirements for your state, or contact the AIA.

According to the GCPay Construction Industry Report, 63% of general contractors have chosen to automate their lien waiver process since 2020. To discover what else has changed in the construction industry, read our industry report.

What To Do When Crossing State Lines

When working on projects that cross state lines it is best to find out if the state has regulated or unregulated forms. There are only 12 states that are regulated and even they have varying degrees of how closely they are regulated. When completing a job in a state where waivers are regulated, best practice is to use state-supplied forms and copy them word for word into your GCPay template.

If you are in an unregulated state, it is best to have a standard waiver on hand. Check the language used throughout the form to make sure nothing is unknowingly signed away. If in doubt, contact your lawyer or the AIA for guidance.

For ease of reference, we have listed the states alphabetically.

State name	Requirements
Alabama	Alabama does not provide or require statutory forms for lien waivers. Under Alabama case law, a waiver is only binding if there is a clear intention, whether expressed or implied, between the two parties to waive lien rights. In Alabama, lien waivers are interpreted against the party that drafted the waiver, and any interpretation defaults will be in favor of subcontractors. Both conditional and unconditional lien waivers are allowed. Alabama has no specific statutory provision prohibiting a waiving of lien rights prior to payment. Alabama has no requirement that a lien waiver be notarized, unless otherwise stated by the hiring party.
Alaska	Alaska does not provide or require statutory forms for lien waivers. A lien waiver that is written and signed is considered valid and binding in Alaska. Unconditional lien waivers are allowed as long as they are written and signed. However, an individual employee or wage laborer is not allowed to waive lien rights. Parties may only waive rights for labor up to the date of waiver, but not for dates after. Alaska has no requirement that a lien waiver be notarized, but it must be signed by the claimant.
Arizona*	Arizona has specific regulated lien waiver forms that must be used on construction projects in the state. Arizona has 4 different lien waiver forms: conditional progress, unconditional progress, conditional final lien waiver, and unconditional final lien waiver. In Arizona, conditional lien waivers are binding once there is evidence of payment, while unconditional lien waivers are binding once they are signed by the lienor. Arizona’s lien waiver laws specifically prohibit contractors and subcontractors from waiving their lien rights prior to performing work. Even if a contract is signed, this is considered illegal and unenforceable. It might be possible to waive unconditional lien rights after work has started, but before payment has been made the waiver form will have to meet certain legal requirements. Arizona has no requirement that a lien waiver must be notarized; in fact, this could even invalidate the form. Find out what your template should include by accessing the Arizona government website here.
Arkansas	Arkansas does not provide or require statutory forms for lien waivers. Careful attention should be paid to the terms used on the waiver. Arkansas case law states that any waiver is valid and enforceable as long as the intention of the waiving party is clearly expressed. Both conditional and unconditional lien waivers are allowed. Arkansas statutory law does not prohibit advance waivers. Arkansas has no requirement that a lien waiver must be notarized, unless otherwise stated by the hiring party.
California*	California has specific regulated statutory lien waiver forms that must be used by everyone working on construction projects in the state. California’s required statutory forms must remain unchanged. You cannot add your own provisions, as the language used may carry a significant risk. You can also be penalized if you use non-statutory forms. In California, contractors and suppliers cannot waive their lien rights in their contract before work begins. They can waive their rights after they have been paid for work completed. Unconditional lien waivers are valid, but only if they follow the form provided by Californian statutes. California has no requirement that a lien waiver must be notarized; in fact, this could even invalidate the form. For more guidelines, visit the California government website here.
Colorado	Colorado does not provide or require statutory forms for lien waivers. Lien waivers are continuously exchanged in Colorado. At every project across the state, participants attach lien waivers to all pay applications. For a lien waiver to be valid in Colorado, it must be clear and unambiguous and specifically express an intent to waive lien rights. Your lien waiver must contain the following statement: “All debts owed to any third party by the person waiving the lien rights and relating to the goods or services covered by the waiver of lien rights have been paid or will be timely paid.” Both conditional and unconditional lien waivers are allowed, but conditional is viewed as the safer option. Colorado is one of two states that allow lien rights to be waived by contract prior to performance. There are also no restrictions on waiving lien rights in advance of payment. Colorado has no requirement that a lien waiver must be notarized.
Connecticut	Connecticut does not provide or require statutory forms for lien waivers. The statute is not specific on requirements for the form. Therefore, as long as the waiver expresses a specific intent to waive rights, it will be enforceable. However, a waiver is only enforceable if it applies to work already performed and for which payment has been made. Unconditional waivers are not prohibited, however, they will not be enforceable if they were executed prior to performance or if payment is never received. The ability to waive lien rights prior to performance is strictly prohibited in Connecticut. Connecticut has no requirement that a lien waiver must be notarized; in fact, it is considered best practice not to notarize.
Delaware	Delaware does not provide or require statutory forms for lien waivers. In Delaware a waiver is only binding when there is clear intention, whether expressed or implied, by the parties to waive. Both conditional and unconditional lien waivers are allowed as long as the intention to waive is clear. Delaware has no requirement that a lien waiver must be notarized.
Florida*	Florida has specific regulated statutory lien waiver forms that must be used. These specific forms can be used by everyone working on a construction project in the state. Florida’s rules include a template for lien waivers; however, the law also states that a “substantially similar” form may be used. Such an alternative can only be used if both parties agree not to use Florida’s template. You cannot be forced to use a non-statutory lien waiver form. Florida’s statutory forms are unconditional lien waivers. They become binding from signing of the form. The Florida statute prohibits contract provisions that waive lien rights before work is permitted. After work begins, contractors can then execute a valid lien waiver before payment is made. Florida does not require statutory lien waivers to be notarized. Only alternate lien waiver forms need to be notarized. For more guidelines, visit Florida’s legal page.
Georgia*	Georgia has specific regulated statutory lien waiver forms that must be used. These forms can be used by everyone working on a construction project in the state. Georgia requires lien waivers to comply with statutory forms and be signed by the relevant parties, in order to be valid and enforceable. Any modifications can make the waiver invalid. Georgia has unique rules. Statutory forms are conditional waivers; however, 90 days after being signed it will convert into an unconditional waiver, whether payment has been made or not. To prevent this, the waiving party must file an affidavit of nonpayment within the time frame. The affidavit of nonpayment prevents the waiver from becoming unconditional. The affidavit must be signed, notarized, and filed with the Clerk of the Superior Court office of the county where the property is located. Georgia lien waivers do not need to be notarized, instead they must be “given under hand and seal” and witnessed. In the absence of a corporate seal, they can be notarized.
Hawaii	Hawaii does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed. Hawaii has no requirement that a lien waiver must be notarized.
Idaho	Idaho does not provide or require statutory forms for lien waivers. Idaho statutes and case law suggest that lien waivers be treated just like any other contract. Both conditional and unconditional lien waivers are allowed. Idaho has no specific statutory provision disallowing advance lien waivers, however their court has routinely declared advance lien waivers to be unenforceable. Idaho has no requirement that a lien waiver must be notarized.
Illinois	Illinois does not provide or require statutory forms for lien waivers. For an Illinois lien waiver to be valid, it must be completed by an express agreement that clearly states the intent to waive lien rights. Both conditional and unconditional lien waivers are allowed, but conditional is viewed as the safer option. Illinois disallows any waiver of a right to claim a lien prior to performing work for a project. Illinois has no requirement that a lien waiver must be notarized. Furthermore, electronic signatures are valid on all lien waivers.
Indiana	Indiana does not provide or require statutory forms for lien waivers. Indiana statute restricts lien waivers. The state prohibits unconditional lien waivers, as long as they are not advance lien waivers. State law prohibits the waiver of the right to file a lien prior to payment for the labor. Contracts requiring a party to waive their claims under a payment bond are prohibited. Indiana has no requirement that a lien waiver must be notarized.
Iowa	Iowa does not provide or require statutory forms for lien waivers. Lien waivers can be used on any construction job in Iowa. In order for waiver forms to be effective they must be clear, satisfactory, unambiguous and clear from doubt. Any doubts about the waiver will be resolved in favor of the lien. Both conditional and unconditional lien waivers will be considered as valid and enforceable, as long as the waiver is clear and intended by both parties. Iowa has no requirement that a lien waiver must be notarized.
Kansas	Kansas does not provide or require statutory forms for lien waivers. The Kansas statute limits valid and enforceable lien waivers to waiver “as a condition for payment, but only to the extent of the amount of payment received.” Unconditional lien waivers are not prohibited by statute. However, the lien waiver cannot be in advance of payment. After a claimant has filed a notice of intent to perform and has been paid, the claimant is required to file a release of notice to perform and a waiver of lien in the office that the notice was given. Waiving right to lien is required to be executed by the claimant. Kansas has no requirement that a lien waiver must be notarized.
Kentucky	Kentucky does not provide or require statutory forms for lien waivers. Unconditional lien waivers are not prohibited by statute as long as they are for progress payments. Kentucky statutory law declares that “provisions that purport to waive, release, or extinguish lien rights, with the exception of partial waivers of lien rights provided by the subcontractor for progress payments” is void and unenforceable against public policy. Kentucky does not require the notarization of lien waivers.
Louisiana	Louisiana does not provide or require statutory forms for lien waivers. To make sure your lien waiver is binding, there needs to be knowledge that the waiving party has lien rights and intends to purposefully waive them. Unconditional lien waivers are binding as soon as the form is signed. Conditional lien waivers become binding once payment has been made. Louisiana does not require the notarization of lien waivers.
Maine	Maine does not provide or require statutory forms for lien waivers. There are no specific statutory provisions controlling the requirements to make a lien waiver effective in Maine. Both conditional and unconditional lien waivers are allowed. There is no specific statutory prohibition on advance lien waivers in Maine. However, advance lien waivers are often looked upon with disfavor. Maine does not require the notarization of lien waivers.
Maryland	Maryland does not provide or require statutory forms for lien waivers. For a lien waiver to be valid in Maryland, it must be done by express agreement, clearly stating an intent to waive lien rights. Both conditional and unconditional lien waivers are allowed, but conditional is viewed as the safer option. Signing a waiver prior to performance is strictly prohibited. Maryland does not require the notarization of lien waivers.
Massachusetts*	Massachusetts has specific regulated statutory lien waiver forms that must be used. This statutory form is for general contractors for progress payments, like a partial waiver or subordination of lien. All other types of lien waivers are not governed by statute. Any other lien waiver template must clearly express the intent of the party to waive lien rights in order to be valid and enforceable. Both conditional and unconditional lien waivers are allowed Massachusetts allows for the waiver of lien rights by contract. Massachusetts does not require the notarization of lien waivers, but that parties file a notice of contract and sign under the “penalties of perjury.”
Michigan*	Michigan has specific regulated statutory lien waiver forms that must be used. Everyone working on a construction project in Michigan must exchange the same lien waiver. To waive lien rights in Michigan, the waiver must use the statutory form and have it signed by the claimant. A full unconditional waiver is required by a lien claimant once full payment is received. A partial unconditional waiver is required for claimants who receive partial payments. Lien waivers in advance of work performed is strictly prohibited. Furthermore, lien rights cannot be waived in Michigan prior to payment. They are only effective upon payment of the amount indicated in the waiver. Michigan does not require lien waivers to be notarized; in fact, notarizing could be seen as altering the statutory form.
Minnesota	Minnesota does not provide or require statutory forms for lien waivers. Creating a conditional or unconditional waiver before payment has been received is invalid and unenforceable. Minnesota does not require the notarization of lien waivers.
Mississippi*	Mississippi has specific regulated statutory lien waiver forms that must be used by everyone working on a construction project. As long as both conditional and unconditional waivers comply with the statutory form they are valid and enforceable. A lien waiver cannot be claimed before labor has been completed. Any attempt to do so is void and unenforceable. Mississippi requires that lien waivers must be sworn and signed before a public notary.
Missouri*	Missouri has specific regulated statutory lien waiver forms that can be used by everyone working on a construction project. Your lien waiver must comply with the statutory form in condition for payment. Both conditional and unconditional lien waivers are allowed, as long as they are not advance waivers. Missouri does not allow the issuing of lien waivers prior to work performed. Missouri does not require the notarization of lien waivers. Find out a template example on Missouri’s Office of Administration website, here.
Montana	Montana does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed to be filed as long as it is after the receipt of actual payment. Montana does not require the notarization of lien waivers.
Nevada*	Nevada has specific regulated statutory lien waiver forms that must be used. To waive lien rights in Nevada, the waiver must use the statutory form and have it signed by the claimant. Both conditional and unconditional lien waivers are allowed, but conditional is viewed as the safer option. Nevada does not require lien waivers to be notarized; in fact, notarizing could be seen as altering the statutory form.
Nebraska	Nebraska does not provide or require statutory forms for lien waivers. Lien waivers can be in effect from any point. Nebraska is lenient in waiver requirements and availability and only requires a signature from the claimant. Both conditional and unconditional lien waivers are allowed. Nebraska is one of the few states to statutorily allow advance waiver of lien rights. No lien clauses are fine in Nebraska. Nebraska does not require lien waivers to be notarized.
New Hampshire	New Hampshire does not provide or require statutory forms for lien waivers. The law in New Hampshire has stated that lien rights may be waived at any time. Both conditional and unconditional lien waivers are allowed. New Hampshire does not require lien waivers to be notarized.
New Jersey	New Jersey does not provide or require statutory forms for lien waivers. The lien waiver must be given in consideration for payment for labor. Lien waivers are not effective until such payment is received by the waiving party. Both conditional and unconditional lien waivers are allowed. As long as the lien waiver is clear and unambiguous, and is made in exchange for payment, then the waiver is valid and enforceable. New Jersey prohibits the practice of waiving lien rights prior to performance. New Jersey does not require lien waivers to be notarized.
New Mexico	New Mexico does not provide or require statutory forms for lien waivers. In fact, there is no regulation of the text or form for the lien waiver to be effective. This means any form type can be used to waive lien rights. Both conditional and unconditional lien waivers are allowed. New Mexico does not have a specific statutory provision disallowing an advance lien waiver. New Mexico does not require lien waivers to be notarized.
New York	New York does not provide or require statutory forms for lien waivers. For a lien waiver to be enforceable in New York, the waiver must be clear and ambiguous. The intent to waive rights must be unmistakable. Unconditional lien waivers are valid and enforceable as long as payment has been received. However, New York regards conditional lien waivers as the safer option. New York prohibits the waiving of lien rights prior to performance. Furthermore, waivers cannot be made in advance of payment, but only with, or after, payment. New York has no requirement that a lien waiver must be notarized. Furthermore, electronic signatures are valid on all lien waivers.
North Carolina	North Carolina does not provide or require statutory forms for lien waivers. For a lien waiver to be valid in North Carolina, it must be done by express agreement clearly stating intent to waive lien rights. Lien waivers will fall under two categories: progress payments and final payments. Progress payments state the amount of payment made in exchange for the waiver to date. While final payment waiver will waive all lien rights associated with the project. Both conditional and unconditional lien waivers are allowed, but conditional is viewed as the safer option. North Carolina prohibits the waiving of lien rights prior to performance. However, a claimant may agree to subordinate their lien rights to the owner, which could then act as lien waiver. A subcontractor’s right to a lien through subrogation is waived if the contractor signs a lien waiver before the subcontractor has perfected their lien on the property. North Carolina has no requirement that a lien waiver must be notarized.
North Dakota	North Dakota does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed. North Dakota construction lien law is silent regarding advance lien waivers. However, other statutory law suggests that a lien waiver is allowed prior to performance and at any time thereafter. North Dakota has no requirement that a lien waiver must be notarized.
Ohio	Ohio does not provide or require statutory forms for lien waivers. For a lien waiver to be valid in Ohio, it must be done by an express agreement clearly stating intent to waive lien rights. Lien waivers will fall under two categories: progress payments and final payments. Progress payments state the amount of payment made in exchange for the waiver to date. While final payment waiver will waive all lien rights associated with the project. Both conditional and unconditional lien waivers are allowed, but conditional is viewed as the safer option. It is considered best practice to avoid advance lien waivers whenever possible, or to condition any waiver on the actual receipt of payment, whether progressive or final. Ohio has no requirement that a lien waiver must be notarized.
Oklahoma	Oklahoma does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed, as long as there is no fraud or misrepresentation. Oklahoma statutory law is silent with respect to advance lien waivers. It is always best practice to avoid advance lien waivers whenever possible. Oklahoma has no requirement that a lien waiver must be notarized.
Oregon	Oregon does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed. Oregon statutory law is silent with respect to advance lien waivers. It is always best practice to avoid advance lien waivers whenever possible. Oregon has no statutory requirement that a lien waiver must be notarized. However, a contractor can require it.
Pennsylvania	Pennsylvania does not provide or require statutory forms for lien waivers. A subcontractor does not have lien rights on a residential property, where the owner or tenant has paid the full contract price to the contractor. A lien waiver must be given in consideration for payment for work provided. Both conditional and unconditional lien waivers are allowed, as long as the waiver is in exchange for payment. Pennsylvania has no requirement that a lien waiver must be notarized.
Rhode Island	Rhode Island does not provide or require statutory forms for lien waivers. To be valid, a lien claimant must execute and deliver a waiver of right to the lien. Both conditional and unconditional lien waivers are allowed. Rhode Island prohibits the waiver of lien rights in advance of payment. Waivers executed with or after payment are allowed. Rhode Island has no requirement that a lien waiver must be notarized.
South Carolina	South Carolina does not provide or require statutory forms for lien waivers. South Carolina requires payment to be made first, and that the lien waiver should be in writing. Both conditional and unconditional lien waivers are allowed, as long as the payment associated with the waiver has been met. South Carolina has no requirement that a written lien waiver must be notarized.
South Dakota	South Dakota does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed, however, payment should come first for the waiver to be effective. South Dakota has no requirement that a lien waiver must be notarized, but it must be endorsed by a joint check and a separate written agreement of waiver between parties.
Tennessee	Tennessee does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed, however, the unconditional waiver should have a clear intention to waive rights. Tennessee has a statutory prohibition against the attempt to waive lien rights prior to labor. There will be strict consequences for any violations. Tennessee has no requirement that a written lien waiver must be notarized.
Texas*	Texas has specific regulated statutory lien waiver forms that must be used. However, there is one exception to having to use the statutory lien waiver — if you are working on the construction, remodel or repair of a single-family house. Conditional lien waivers become binding once there is evidence of payment. Unconditional lien waivers are binding once they are signed. Texas prohibits unconditional waivers to be signed prior to payment. Texas prohibits the waiving of lien rights before work is performed. A waiver and release is only valid if evidence of payment exists. Waivers cannot be valid prior to payment. All lien waivers that took place before 01 January 2022 in Texas were required to be notarized. Lien waivers taking place after this date no longer need to be notarized. Find out what your template should include by accessing the Texas Construction Association website here.
Utah*	Utah has specific regulated statutory lien waiver forms that must be used. For your lien waiver to be valid, it must comply with the statutory form. In Utah a lien waiver is void unless in consideration of payment. The waiver must be in writing and signed by the claimant. If you use a non-statutory form, it must contain these 4 elements: A statement that the document is intended by the signing party to waive their lien rights. Specific information related to the job and waived lien rights. This includes the name and location of property, the name of the hired party, and payment amount. An explicit notice to the waiving party that states they will be giving up their rights and define the conditions upon which the waiver becomes effective. A statement that the waiving party has paid all obligations subject to the waiver. Both conditional and unconditional lien waivers are allowed. Utah has no requirement that a lien waiver must be notarized.
Vermont	Vermont does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed. Vermont prohibits advance waivers. Vermont has no requirement that a lien waiver must be notarized.
Virginia	Virginia does not provide or require statutory forms for lien waivers. For the lien to be enforceable the waiver must clearly and unambiguously express the intent of the parties to waive lien rights. The waiver must be supported by sufficient consideration. Unconditional lien waivers are valid and enforceable as long as they are produced after payment has been received. However, Virginia regards conditional lien waivers as the safer option. Virginia does not allow for the waiver of lien rights prior to performance. Virginia has no requirement that a lien waiver must be notarized. However, if your contract requires a notarized waiver in exchange payment, then the terms of contract apply.
Washington	Washington does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed. Washington statutory law is silent with respect to advance lien waivers. It is considered best practice to avoid advance lien waivers whenever possible. Washington has no requirement that a lien waiver must be notarized.
Washington DC	Washington DC does not provide or require statutory forms for lien waivers. Both conditional and unconditional lien waivers are allowed. There is no statutory prohibition of advance lien waivers. Washington DC has no requirement that a lien waiver must be notarized.
West Virginia	West Virginia does not provide or require statutory forms for lien waivers. West Virginia statutory law is silent concerning lien waivers. For a waiver to be effective, it should be in writing and signed by the waiving party. Both conditional and unconditional lien waivers are allowed. West Virginia statutory law is silent with respect to advance lien waivers. West Virginia has no requirement that a lien waiver must be notarized.
Wisconsin	Wisconsin does not provide or require statutory forms for lien waivers. However, any ambiguity in the waiver will be construed against the person signing it. For a lien waiver to be valid in Wisconsin it must be written and signed by the lien claimant. Unconditional lien waivers are seen to be valid and enforceable. An advance waiver is allowed in Wisconsin. Wisconsin has no requirement that a lien waiver must be notarized, but it must be written and signed by the lien claimant.
Wyoming*	Wyoming has specific regulated statutory lien waiver forms that must be used to be considered effective. Wyoming is unique in that they only have one lien waiver form — there is no distinction between conditional and unconditional waivers. The Wyoming lien waiver template allows for a party to completely waive lien rights, even if payment is not made. Wyoming law does not specifically address advance lien waivers. If a statutory lien waiver is completed and signed, it does not matter if the waiver is delivered prior to work or payment. Wyoming requires lien waivers to be notarized in order to be valid.

How Lien Waiver Software Can Make Forms Easier

Managing and standardizing lien waivers can be a challenge for your company. With so many contractors and rules, it’s best to make use of lien waiver software, like GCPay.

As GCPay can easily integrate with your current ERP software and existing templates, you’ll easily be able to create new customized waivers, sign forms with a click of a button, and exchange waivers electronically. When creating your digital waiver template, you’ll be provided with 80+ subfields that are bound to meet the requirements of any state, while also meeting your own. GCPay also offers digital notarization, allowing you to meet state requirements without leaving your desk.

With 12 regulated states and 3 that require notarization, lien waivers can become overwhelming — that’s why it’s helpful to have a partner in lien waiver software.

See how GCPay can help you automate lien waiver management. Get started today.

Lien Waiver Requirements for Every U.S. State

What To Do When Crossing State Lines

How Lien Waiver Software Can Make Forms Easier

SHARE

RECENT POSTS

See how GCPay can help your accounting team

Features

About

Support

Check out our reviews

OUR PARTNERS