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California does not allow parties to contractually prohibit mechanics liens. The law specifically provides that parties may not, by contract or otherwise, waive lien rights, and any term of a contract that purports to do so is void and unenforceable.
Conditional lien waivers or releases are often used to confirm or prove the amount owing for a certain period of time, and they are sent and signed before payment is issued.
Notarization Not RequiredCalifornia does not require lien waivers to be notarized. Notarizing a lien waiver form in California could actually invalidate it.
Must a New York lien waiver be notarized? No. New York does not specifically require lien waivers to be notarized. Additionally, electronic signatures are valid signatures in NY, including on lien waivers, despite the fact that New York has not adopted the UETA framework.
Must New Jersey lien waivers be notarized? No. New Jersey lien waivers do not need to be notarized, in order to be valid.