How to Fill Out a Lien Waiver

To fill out a lien waiver, enter who is giving up rights (the claimant), who is paying (the customer), the property owner and job address, the through date, and the exact payment amount. Then list any exceptions, such as retainage or disputed extras, and sign with your title and date. In a few states you also need a notary or a witness.

A lien waiver is a document in which a contractor, subcontractor or supplier gives up the right to file a mechanics lien for work covered by a payment. If you are not sure which of the four waiver types to use, read conditional vs unconditional lien waivers first. This guide covers the fields.

Pick the right form before you fill it in

Twelve states set waiver forms by statute. In states such as California, Texas and Nevada, you fill in the blanks on the state's form and change nothing else. California voids a waiver that is not in substantially the statutory form (Cal. Civ. Code 8132). Nevada requires the exact statutory form (NRS 108.2457). Your state's page shows the right forms: for example, California, Texas or Georgia.

In other states, the waiver is a contract document. The fields below still apply.

Fill in each field

Field names vary by state. The table uses the most common labels and notes where states differ.

California's conditional progress form shows the typical set: claimant, customer, job location, owner, through date, maker of check, amount of check, payee, exceptions, then signature, title and date (Cal. Civ. Code 8132). The Texas conditional progress form asks for the project, job number, maker of check, amount, payee, owner, location and a job description (Tex. Prop. Code 53.284). Florida's forms ask for the amount, your customer, the owner and a property description, and the progress form adds a through date (Fla. Stat. 713.20).

Get the amount, through date and exceptions right

These three fields decide what you give up.

Amount. Enter the payment you are receiving now, not the contract total and not the full pay application if the payer is cutting it. Nevada's unconditional progress form releases rights only to the extent of the payment amount, or the part of it you are actually paid (NRS 108.2457).

Through date. Use the end of the billing period. California's progress forms label this blank "Through Date" (Cal. Civ. Code 8132).

Exceptions. California's progress forms carve out retentions and unpaid extras, and the conditional form also lets you list earlier progress payments you signed for but never received (Cal. Civ. Code 8132, 8134). Its final forms have one line, for disputed claims for extras (Cal. Civ. Code 8136). Fill in the dollar amount of any open change order. On Michigan's partial waivers, circle "does" or "does not" to say whether the waiver, with earlier ones, covers everything due through the date shown (MCL 570.1115).

Sign it, and add a notary or witness only where required

Texas requires the signature of the claimant or the claimant's authorized agent (Tex. Prop. Code 53.281). For a company, the signer should be someone with authority to release the company's rights, and should write a title.

Most states need nothing more. The exceptions:

• Mississippi: both statutory forms end in a jurat, so you swear to the waiver before a notary (SB 2622, Miss. Code Ann. 85-7-433). See Mississippi waivers.
• Wyoming: the single statutory form includes a notarial acknowledgment (Wyo. Stat. 29-10-101). See Wyoming waivers.
• Georgia: the forms are signed under seal with a witness line (SB 315, O.C.G.A. 44-14-366).

Where the statute prints a form without a notary block, do not add one. Altering a statutory form invites a dispute over whether it still complies.

What to do when the amount does not match the check

The payer sends a waiver for the full pay application, then cuts a smaller check. Or the check is right and the waiver is wrong.

1. Do not sign the waiver as written. A waiver for more than you are paid can release the difference.
2. Ask for a corrected waiver that shows the actual amount and the right maker and payee. If you fill out your own, use the real figure.
3. List the shortfall as an exception if the form allows it, or note it in the cover email.
4. Never sign an unconditional waiver for money that has not cleared. Texas bars anyone from requiring an unconditional waiver for an amount you have not received in good and sufficient funds (Tex. Prop. Code 53.283).

If the payer refuses to pay the difference, keep track of your lien deadlines and consider a payment demand letter. If you later get paid on a lien you already filed, you will need a lien release.

Common mistakes

• Writing the contract total instead of this payment.
• Using the signing date as the through date.
• Leaving the exceptions blank when retainage or a change order is open. Michigan's forms warn the signer not to sign blank or incomplete forms (MCL 570.1115).
• Naming the owner as the customer on a subcontract.
• Signing a statutory form that someone has edited.
• Not keeping a copy of what you signed.

eRegister's lien waiver generator puts these fields on your state's form, and the basic tier is free. Paid tiers are listed on the waiver pricing page.

This guide is general information, not legal advice. If a waiver has been edited or the amounts are in dispute, confirm with counsel before you sign.