Lien Waivers,
Signed From the Jobsite
What is a lien waiver?
A lien waiver is a document in which a contractor, subcontractor, or supplier acknowledges payment and gives up the right to file a mechanics lien for the amount and period it covers. Owners, general contractors, and lenders usually require one with every payment, so a missing waiver can hold up the draw.
The four types of lien waiver and when each is used
Two choices define the waiver: whether it takes effect on payment (conditional) or on signing (unconditional), and whether it covers one payment (progress) or the end of the project (final).
Conditional progress waiver
When it is used: Submitted with a pay application, before the progress payment has been received.
What it does: Waives lien rights for the amount and period covered, but only once the payment is actually received.
Unconditional progress waiver
When it is used: Signed after a progress payment has been received and the funds have cleared.
What it does: Confirms payment was received and waives lien rights for that amount and period, effective immediately.
Conditional final waiver
When it is used: Submitted with the request for final payment, before it is received.
What it does: Waives remaining lien rights on the project, effective only once final payment is received.
Unconditional final waiver
When it is used: Signed after final payment has been received.
What it does: Confirms final payment and releases remaining lien rights on the project, effective immediately.
Notarization is separate from e-signature. Most states do not require lien waivers to be notarized. Mississippi and Wyoming statutory forms include a notary block, and Texas required notarization for contracts signed before January 1, 2022. That applies however the waiver is signed.
Not legal advice. This page is general information. Lien waiver forms, wording, and rules vary by state and by contract. Confirm what applies to your project with your attorney.
How to send lien waivers for e-signature with Propper
- Step 1
Template both waiver types
Upload your state form or your own, add the signature and date fields, and save conditional and unconditional waivers as templates. Pre-filled fields and saved recipients keep every send consistent.
- Step 2
Bulk send to your subs
Send a waiver to every sub on the pay app in one batch. Each receives their own document, and you track completion from one dashboard.
- Step 3
Subs sign from their phone
They get a link by email. Click, review, sign. No account, no app download, no login.
- Step 4
Keep a timestamped audit trail
Completed waivers are stored with a full, timestamped audit trail. Search by project, signer, or date when payment or a dispute needs the record.
Lien waivers are one of many documents construction teams send. See Propper for construction for change orders, sub agreements, and per-completed-document pricing.
Questions?
Lien waiver questions
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