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Is it normal for a payment affidavit / waiver to say the signer will be held PERSONALLY liable?

1 month ago

I am a sub hired by a GC, and the GC asked me to complete sign their Payment Affidavit form that says I will be held “personally and corporately responsible” for any false or misleading information. Is it typical to have the word “personally” in there?

Additional info about this contractor
Project Role: Subcontractor
Project Type: State/County
Senior Legal Associate Levelset
355 reviews

New Jersey mechanics lien waivers don’t have specific form requirements. So, first, note that it’s certainly not any statutorily required language.

With that being said, adding personal liability to a lien waiver sounds a bit atypical. It’s unfortunate, but errors happen sometimes – and signing on for personal liability isn’t something most people signing lien waivers want to do. But, before putting too much stock into that, it’s worth assessing whether the liability is limited to situations where the signer knowingly or intentionally provides false or misleading information. It’s possible that an honest mistake might not lead to any liability if one does occur.

Regardless – proposing a different mechanics lien waiver form might be a good idea if you’re uncomfortable with the language on your waiver. And, for help creating a lien waiver you’re comfortable with, Levelset has free, downloadable mechanics lien waiver forms here: New Jersey Lien Waivers Guide and FAQs.

Finally, the resources below should be useful, too:

– Do I Have to Sign a Lien Waiver to Get Paid?
– Should You Sign That Lien Waiver?

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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