Do lien waivers have to be notarized?

The short answer

Usually no, sometimes yes, and the answer is set by the state where the property sits — not by the state you are incorporated in and not by the general's policy. A minority of states publish a statutory waiver form and prescribe how it must be executed; the rest leave execution to the contract.

Because the rule is jurisdictional, the practical question on any given job is narrower: does this state prescribe a form, and does this subcontract require notarisation on top? Both can be true, and the contract can demand more than the statute does.

Statutory forms change the calculation

Where a state publishes the form, deviation is risky. Florida sets out the waiver language in its lien statute — including the sentence that a progress waiver does not cover retention or work after the stated date. Using a general's in-house form in a state like that invites an argument about whether the document did what the statute says a waiver does.

Where no statutory form exists, the waiver is a contract document and the ordinary rules apply: it means what it says, and ambiguity is construed against the drafter — which is usually not you.

What to do in practice

1. Look up the state where the property sits, not where you are based.
2. If a statutory form exists, use its words. Do not paraphrase.
3. If the subcontract requires notarisation, notarise even where the statute does not.
4. Notarise anything you sign unconditionally — the cost is trivial next to the release.
5. Keep the notarised original; send a scan.

Lien releases are different

A release of a recorded lien is a recorded instrument, and recorded instruments almost always require acknowledgement before a notary. That is a separate question from waivers, and the answer there is much closer to a flat yes.

Draft the release with the lien release generator, then take it to a notary and record it with the same county that holds the original claim.