New York Lien Waivers Guide and FAQs

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New York Lien Waiver FAQs

New York Lien Waiver Overview

New York Lien Waiver Rules


  • Rules At A Glance
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lien waivers not regulated
No Specific Form

New York does not require any specific lien waiver form. Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

New York does not require lien waivers to be notarized.


icon-can't waive lien rights
Cannot Waive Rights in Contract

New York does not allow lien waivers in the contract.


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Cannot Waive Rights Before Payment

New York lien law specifically prohibits lien waivers prior to payment. Lien waivers are effective only if delivered simultaneously with, or after, payment is made.

New York lien waivers don’t have specific requirement with respect to form or language, but they do have specific requirements with respect to when they can be effective.

In New York, there aren’t specific laws that detail what a lien waiver should say, or how exactly a lien waiver should look. This means that parties on a New York job have a lot of leeway in determining the contents of the lien waivers that they request or provide. This, in turn, means that unscrupulous parties can take advantage of the lax rules regarding the lien waiver form to include overreaching clauses.

There are some significant limitations on how and when contractors, subcontractors, and suppliers can waive their lien rights in New York, though. Since protecting lien rights is public policy in many states, there are often protections in place to make sure those rights aren’t unfairly side-stepped. New York, in particular, specifically prohibits lien waivers prior to payment. Lien waivers are effective only if delivered simultaneously with, or after, payment is made.

It’s important to make sure that lien waivers aren’t accidentally or purposefully overreaching), and that they are given at the right time and in exchange for payment. The resources, forms, guides, and frequently asked questions about New York Lien Waivers on this page will help you get it right.

New York Lien Waivers FAQs

It's common for lien waivers (also called lien releases) to be exchanged between parties along with pay applications and construction invoices in New York. While there are some protections in place in New York to regulate when lien waivers may be effectively provided, the language and form of lien waivers are not regulated in New York. This means it's important to understand the ins-and-outs of lien waivers when exchanging them in New York. In New York, unlike some other states, there are no specific set of laws regulating the lien waiver forms and language. The below frequently asked questions will help with some common issues encountered in New York.

New York Lien Waiver FAQs

Does New York require a specific statutory lien waiver form?

No, New York does not provide or require statutory forms for lien waivers.

What are the requirements for an New York lien waiver? What makes a lien waiver binding?

The statutory provisions restricts lien waivers to after payment has been received.

Are Unconditional Lien Waivers Prohibited in New York?

No, unconditional lien waivers are valid and enforceable as long as they are after payment has been received.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in New York?

Yes, New York lien law specifically prohibits lien waivers prior to payment.  Lien waivers may be delivered simultaneously with, or after, payment is made.  New York specifically allows mechanics liens to be subordinated after filing, but it is unclear if an advance subordination agreement is allowed.

Must a New York lien waiver be notarized?

No. New York does not 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.

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Recent Questions & Answers
About New York Lien Waivers

Is the lien waiver valid?

Hi we sent a lien waver to our subcontractor to be signed, their manager signed the document on October 30th and the Notary signed and...

RE: Subcontractor's Waiver of Liens

My question is, if we are requiring our subcontractors to sign conditional partial lien waivers with each progress payment, but we aren't requiring them to...

Does a Lien Waver constitute final payment?

Providing industrial equipment on a job in NY. I requested and received a 50% deposit, and 50% Net 30 days. They gave me the deposit...

Free New York Lien Waivers Forms & Templates

New York doesn’t really regulate the language on lien waivers. This means that you need to be sure about what your lien waiver says before providing it to another party since it’s easy to end up waiving more than you bargained for. Using these forms provided by Levelset is safe, easy, stress-free, and fair for everyone involved. When used correctly, these forms don’t waive more than intended, are fair, and can’t be used against the singing party.

When used correctly, the forms provided here for free by Levelset are clear and fair to all parties. You can download them free, or use our free system to send or request your New York lien waiver form.

Free New York Lien Waiver Forms

These New York lien waiver forms are clear and fair. Make it easy, and use forms from the source you can trust.

New York Partial Conditional Lien Waiver Form - free from

New York Partial Conditional Lien Waiver Form

This ny partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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New York Partial Unconditional Lien Waiver Form - free from

New York Partial Unconditional Lien Waiver Form

This ny partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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New York Final Conditional Lien Waiver Form - free from

New York Final Conditional Lien Waiver Form

This ny final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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New York Final Unconditional Lien Waiver Form - free from

New York Final Unconditional Lien Waiver Form

This ny final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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