Get Lien Waiver

No, California lien waivers do not need to be notarized, even though it's common for businesses to ask that waivers be notarized.

A conditional lien waiver lists the amount owed during the period, and is effective upon actual receipt of payment. An unconditional lien waiver lists the amount already paid through the waiver's date and is effective immediately upon signing.

In California, it is required that a mechanics lien be enforced within 90 days from the date on which the lien was recorded. If this 90-day time period passes without an action being commenced to enforce the lien, the lien expires.

This may be the case in many circumstances. However, when it comes to lien waivers, in particular, it may make matters worse. Only a handful of states require lien waivers to be notarized. In California, this not only is this not required but could also potentially invalidate the lien waiver.

You can't just waive lien rights in your contract California does not allow parties to contractually prohibit mechanics liens. The law specifically provides that parties “may not, by contract or otherwise, waive” lien rights, and “any term of a contract that purports to do so is void and unenforceable.”

A lien waiver is basically a receipt that payment has been made for work or materials on a job. These documents are exchanged at the time of payment, and commonly attached to subcontractor pay applications or vendor invoices. There are different types of lien releases for different types of situations.

Illinois lien waivers are not required to be notarized in order to be effective.

How to File a Mechanic's Lien in Washington State – Step-By-Step Guide Step 1: Determine if you have the right to file a lien. Step 2: Prepare the lien document. Step 3: File the lien. Step 4: Send notice of lien. Step 5: Secure payment. Step 6: Release the lien.