Lien waiver requirements by state

Two camps, and which one you are in

States fall into two groups. In the first, the lien statute sets out waiver language and the form is effectively mandatory — Florida is the clearest example we read directly, publishing the waiver-on-progress-payment text in its lien chapter. In the second and much larger group, no statutory form exists and the waiver is whatever the subcontract says it is.

You need to know which camp the property's state is in before you sign anything. A national general operating in twelve states will hand you one in-house form for all twelve, and in the statutory-form states that form may not do what a statutory waiver does.

Florida, read directly

Florida's statute prints the waiver form. The progress-payment version recites the consideration, names the customer, the owner and the property, and then says the release “does not cover any retention or labor, services, or materials furnished after the date specified”. Two protections in one sentence, granted by statute rather than by negotiation.

Florida also sets the notice clocks that surround the waiver: a lienor not in privity with the owner serves the Notice to Owner before starting or within 45 days of starting, and the claim of lien is recorded no later than 90 days after final furnishing.

Texas and California

Texas does not publish the same style of waiver text in the sections we read, but it does something unusual with money: the owner must reserve 10 percent of the contract price during the work and for 30 days after completion, and a claimant reaches those reserved funds by sending the required notices and filing an affidavit no later than the 30th day after completion.

California's architecture is notice-first. Before recording a lien, giving a stop payment notice or claiming against a payment bond, a claimant must give preliminary notice to the owner, the direct contractor and the construction lender — and that notice is due within 20 days of first furnishing work. A waiver signed by a claimant that never served the notice may be releasing a right that was never preserved.

A four-line checklist for any state

1. Where is the property? That state's law governs.
2. Does that state publish a waiver form? If yes, use its words.
3. What notice was required before the waiver, and did you serve it?
4. Does the subcontract add notarisation, witnesses or a specific form?

Where you cannot answer line two from the statute itself, treat the general's form as a contract document and read it as one. The pages on this site cite the statute text for every state figure they state, with the date it was read.