Lien waivers by state · New York
New York lien waiver requirements
New York is a non-statutory state
New York does not prescribe a mandatory statutory lien-waiver form or specific waiver language, so contractors and subcontractors may word waivers freely (though courts require the waiver be clear and unambiguous). Critically, under N.Y. Lien Law § 34 any agreement to waive the right to file a lien made BEFORE payment is void as against public policy; a written waiver is enforceable only if executed and delivered simultaneously with, or after, payment for the labor or materials. The general lien statute is found in Lien Law Article 2 (§§ 3–39-c).
Statute: N.Y. Lien Law § 34
New York lien waiver forms
| Waiver type | Statutory form? | Notarized? |
|---|---|---|
| Conditional waiver and release on progress payment | ||
| Unconditional waiver and release on progress payment | ||
| Conditional waiver and release on final payment | ||
| Unconditional waiver and release on final payment |
Requirements at a glance
Key New York deadlines
New York lien waiver FAQ
Does New York require a specific lien waiver form?
No. New York does not prescribe or require a specific statutory lien waiver form, and there is no mandated waiver language. Parties may freely word their waivers, though they should be clear and unambiguous and cannot waive lien rights before payment (N.Y. Lien Law § 34).
Do lien waivers need to be notarized in New York?
No. New York does not require lien waivers to be notarized.
Can lien waivers be signed electronically in New York?
Yes. Electronic signatures are recognized as valid on lien waivers in New York.
What is the deadline to file a mechanics lien in New York?
For private commercial (non-residential) projects, a mechanic's lien must be filed within 8 months after the last furnishing of labor or materials. For single-family residential dwellings, the deadline is 4 months.