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Which waiver does an out-of-state subcontractor need to sign

We are a general contractor in Georgia, but we do business in other states. If I have a subcontractor who resides in Missouri (which has its own lien waiver forms) who works on a job in Illinois (which does not have its own lien waiver forms), do I need to ask that subcontractor to sign a Missouri lien waiver or a Georgia lien waiver? Is it based on where the job is located? Thank you.

1 reply

Sep 6, 2018

That's a great question, and we actually get it pretty often from contractors and subs. Ultimately, as you mentioned above, it's based on the location of the job. Without going too far on a legal tangent, mechanics lien rights tie to the property where work is performed. Thus, the laws that of the location where the property is located will apply. As a side note, it's worth noting what Missouri does have a statutory form. However, it only applies for a specific situation: an unconditional final lien waiver for residential real property (based on § 429.016(27) of the Missouri lien statute). For all other situations, a different waiver form may be used in Missouri. We discuss that idea more in depth in a recently asked Construction Legal Center question: Does Missouri only have 1 statutory waiver form?

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