Construction Lien Waivers

1 year ago

I work for a general contractor and it has been brought to my attention that Tenneessee doesn not require that any lien waivers be notarized as of June 30, 2018. Can you confirm?

Senior Legal Associate Levelset

In Tennessee, mechanics lien waivers are not required to be notarized. In fact, very few states require that a waiver be notarized – only Texas, Wyoming and Mississippi. To be sure, the Tennessee mechanics lien statute only mentions notarization three times: (1) for a Notice of Lien, (2) for a Notice of Completion, and (3) for proof of the hand delivery of notices or other documents. With all that being said, it’s not terribly uncommon for an owner or GC to require notarized lien waivers despite the lack of a notarization requirement. But as far as requirements go, Tennessee lien waivers need not be notarized.

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