Are lien waivers always notarized?
No. Some lien waivers require notarization and others do not. Requirements vary.
Construction Notary Guides
Construction Lien Waivers Online Notarization Guide
Learn how eligible construction lien waivers may be notarized online and what contractors, subcontractors, and property owners should confirm before signing.
iRemoteNotary Editorial Team
Quick Answer
Can construction lien waivers be notarized online?
Some construction lien waivers may be eligible for remote online notarization, depending on the document, project location, state requirements, and whether the receiving party accepts electronically notarized documents. Contractors, subcontractors, owners, and title companies should confirm requirements before the session.
What is a construction lien waiver?
A construction lien waiver is commonly used in construction projects to confirm that a contractor, subcontractor, supplier, or other party is waiving certain lien rights in exchange for payment or final settlement. The exact effect depends on the wording and applicable law.
Common lien waiver types
Common examples include conditional progress lien waivers, unconditional progress lien waivers, conditional final lien waivers, and unconditional final lien waivers. Each type can have a different effect, so signers should understand the document before signing.
Can lien waivers be notarized online?
Some lien waivers may be notarized online if the document is eligible, the signer can complete identity verification, and the receiving party accepts remote online notarization. Requirements may vary by project, state, lender, owner, title company, or general contractor.
What should construction professionals confirm?
Before scheduling, confirm whether notarization is required, whether witnesses are needed, whether the document must be wet-signed, whether the receiving party accepts electronic notarization, and whether the waiver must use a specific statutory form.
Other construction documents that may need notarization
Construction-related documents that may require notarization include notices of commencement, contractor affidavits, payment affidavits, subcontractor releases, bond claims, permit affidavits, engineer certifications, architect certifications, and lien releases.
Important caution
Lien waiver documents can affect payment rights and lien rights. A notary cannot explain the legal effect of signing a lien waiver. If you are unsure, speak with an attorney, project administrator, title company, lender, or trusted advisor before signing.
Frequently asked questions
Can an unconditional lien waiver be notarized online?
Possibly, but because unconditional waivers may have serious payment consequences, confirm the document and requirements before signing.
Can subcontractors use online notarization for lien releases?
Some may be able to, depending on the document and receiving party requirements.
Does the notary review whether the lien waiver is correct?
No. The notary verifies identity and performs the notarial act. The notary does not provide legal or payment advice.
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