Lien waivers
Lien waiver rules, state by state.
Mechanics-lien law is jurisdictional. The waiver template, the preliminary notice, and the filing deadline change at the state line. These pages cover the rules residential builders run into most often.
CA · Cal. Civ. Code §§ 8132–8138
California lien waivers
California has the strictest waiver regime in the country. Civil Code §§ 8132–8138 prescribe exact statutory language for all four waiver variants and any deviation is unenforceable.
Statutory forms required
TX · Tex. Prop. Code Ch. 53
Texas lien waivers
Texas requires statutory waiver language under Property Code Chapter 53. Homestead protections add an extra layer that catches out-of-state builders working residential.
Statutory forms required
FL · Fla. Stat. § 713.20
Florida lien waivers
Florida requires unconditional waivers to recite the exact dollar amount of payment received and the date the funds cleared. Notice to Owner and Notice of Commencement are both required upstream.
Statutory forms required
GA · O.C.G.A. § 44-14-366
Georgia lien waivers
Georgia requires the statutory interim and final waiver forms in O.C.G.A. § 44-14-366. The waiver is presumed to be paid 60 days after execution unless the claimant files an affidavit of non-payment.
Statutory forms required
NY · N.Y. Lien Law §§ 34, 35
New York lien waivers
New York does not prescribe statutory waiver forms but Lien Law § 34 voids any waiver signed before work begins. Residential single-family projects have a tighter 4-month filing window.
No statutory forms
TN · Tenn. Code Ann. §§ 66-11-101 et seq.
Tennessee lien waivers
Tennessee distinguishes prime contractors (one-year filing window) from remote contractors (90-day notice of nonpayment plus a separate filing). Notice of completion is owner-controlled.
No statutory forms
NC · N.C. Gen. Stat. § 44A
North Carolina lien waivers
North Carolina has a unique lien-agent system: most projects over $30,000 require a designated lien agent named in a Notice to Lien Agent before work begins. Failing to file the notice forfeits lien rights.
No statutory forms
SC · S.C. Code Ann. § 29-5-10 et seq.
South Carolina lien waivers
South Carolina does not require a preliminary notice for subs in privity with the owner, but a Notice of Furnishing within 90 days of starting protects subs without privity. Lien filing is 90 days after last work.
No statutory forms
AZ · Ariz. Rev. Stat. §§ 33-1001 to 33-1008
Arizona lien waivers
Arizona prescribes statutory waiver forms under § 33-1008 and requires a 20-day preliminary notice from any party that does not have a direct contract with the owner. Owner-occupied residential adds further restrictions.
Statutory forms required
CO · C.R.S. § 38-22-101 et seq.
Colorado lien waivers
Colorado does not require statutory waiver forms but mandates a Notice of Intent to File a Lien served at least 10 days before recording. Residential mechanics liens require strict compliance with that pre-filing notice.
No statutory forms
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