New York
Lien Waiver Forms
New York Lien Waivers: No Statutory Form, but Advance Waivers Are Void
State Rules
How New York treats lien waivers
New York does not prescribe a lien waiver form and leaves content and format unregulated, so our general-purpose conditional and unconditional waivers for progress and final payments apply, with no notarization required. N.Y. Lien Law § 34 voids as against public policy any agreement waiving the right to file or enforce a lien, allowing only a written waiver executed and delivered simultaneously with or after payment, so waivers are effective only to the extent of payment actually made. That timing rule makes conditional waivers the safe default until funds are actually received.
What to know about New York lien waivers
- New York voids advance lien waivers (N.Y. Lien Law § 34). A written waiver is valid only if executed and delivered simultaneously with or after payment. Use a conditional waiver, or hold the unconditional waiver until payment changes hands.
New York lien waiver forms we generate
Four house forms cover every payment on a New York project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
New York has no statutory waiver form to download blank. The generator above fills in a general-purpose form with New York's signing rules built in instead.
Signing a lien waiver in New York
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in New York, built into every waiver we generate.
Advance waivers
N.Y. Lien Law § 34: any contract, agreement, or understanding whereby the right to file or enforce a lien is waived is void as against public policy and wholly unenforceable, except a written waiver executed and delivered simultaneously with or after payment for the labor performed or materials furnished.
New York execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in New York.
- ✓ Witness: not required in New York.
- ✓ E-signature: available. Send New York waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
New York lien waiver questions
Which lien waiver forms does New York use?
Do New York lien waivers need to be notarized?
What is the difference between a conditional and an unconditional lien waiver in New York?
What is the difference between a progress and a final lien waiver in New York?
Is a lien waiver signed in advance enforceable in New York?
Create a free New York lien waiver
The correct New York form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
More New York lien tools
Bordering states
Every state's waiver rules are different. Check before you sign.