We are an interior design firm in Florida working on a project in Texas. The builder wants us to sign a Lien waiver in the state of Texas. Can that be done?
May 11, 2018
I'm not quite sure I follow whether the issue is (1) the request of a Texas lien waiver, or (2) the physical location of a signed waiver. Let's look at both! Texas and Florida are both states which require certain statutory forms. But which form must be used will depend on the location of the project rather than the location of the party signing the waiver. So when a project is located in Texas, one of the Texas statutory waiver forms will be required. If the project is located in Florida, then a Florida form would be required. Changing gears - the physical location where a waiver is signed is irrelevant. Texas lien waivers must be notarized, but a Texas lien waiver may be notarized in any state as long as it's notarized by a person authorized to perform the notarial act in the location where it is notarized (i.e. a Florida notary is able to notarize a Texas document as long as that Florida notary does so in Florida and according to Florida's laws on notarization).
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