How to get a lien waiver signed by a subcontractor
On every draw, the owner or lender wants proof that the money you paid out actually reached the subs and suppliers, and that nobody can file a lien for it later. That proof is a stack of signed lien waivers. Chasing them is a monthly headache, so the trick is a routine: the right form, sent with the payment, checked before you release the next one.
Updated November 9, 2026 · 3 min read
Which waiver, when
| Moment | The sub signs | Why |
|---|---|---|
| With the pay application | A conditional progress waiver for this payment | It only takes effect once the payment actually arrives, so the sub gives nothing up early |
| After the payment clears | An unconditional progress waiver for the same amount | Now the money is in their account, the release is final |
| Final payment | Conditional final, then unconditional final | Closes out lien rights for the whole job, except anything listed as an exception |
Many GCs collect them one draw behind: with each pay application, the sub sends a conditional waiver for this payment and an unconditional waiver for the last one, which has cleared by now. Two signatures, one send, and you always hold an unconditional waiver for everything paid before this month. Conditional and unconditional waivers are explained in the glossary.
Check your state's form first
Several states write the waiver wording into statute, including California (Civil Code §§ 8132–8138), Texas (Property Code § 53.284) and Florida (§ 713.20), and a homemade form may not hold up there. Use the statutory form word for word. State guides: California, Texas, Florida, Arizona, Georgia, Michigan.
Set it up once per job
- 1
One template per form
Upload each waiver you use as a template: conditional progress, unconditional progress, and the two final versions. Name the signing role Claimant, the sub giving up lien rights.
- 2
You fill in the facts, they sign
Draw text boxes over the blanks you control: owner, job address, amount, through date, and the check maker. What you type prints on the page, so the sub signs your numbers, not their own.
- 3
Give the sub their fields
Signature, Name, a text field for their title, Date signed, and an optional text field for exceptions such as retainage or a disputed change order.
- 4
Ask for the tier below
Add an optional Attachment field labeled for their suppliers' and sub-subs' waivers. They upload them as they sign, and the files are added to the signed PDF.
On every draw
- Send from the template to each sub, picked from your contacts, with the amount and through date from your pay application typed in. Title it with the job, the draw and the sub, like Elm St – Draw 4 – Apex Electric, so search finds it later.
- Set a sign-by date a few days before your payment run. Reminders go out before it, so you aren't the one chasing.
- Watch the envelopes list. Anything still waiting shows who hasn't signed. Hold that sub's check until the conditional waiver is back.
- Many subs on one draw? Bulk send fills each sub's amount from a spreadsheet; see collecting lien waivers in bulk.
Check what comes back
- The amount matches the check, to the cent, and the through date matches the pay application.
- Exceptions are blank or make sense. Retainage and pending change orders often belong there.
- The signer can bind the company. An owner or officer, not the foreman, with their title filled in.
- Unconditional only for cleared money. Never ask a sub to sign an unconditional waiver for a payment they haven't received; in many states it can cost them their lien rights.
- Joint checks to a sub and their supplier need the supplier's waiver too; see joint check agreement.
Each signed waiver comes back as a PDF with a certificate of completion: who signed, when, from which IP address, and a SHA-256 fingerprint of the file. File it with that draw's pay application, so the package you send the owner or lender is complete.
Questions? Answers.
Can a subcontractor sign a lien waiver electronically?
Generally, yes. The ESIGN Act and state UETA laws give e-signatures legal effect, and the statutory waiver forms we've checked ask for the claimant's signature, not ink. Some states have extra rules; see can you e-sign a lien waiver.
Do lien waivers need to be notarized?
Not in most states, but a few states, lenders or title companies ask for it. SignMaster doesn't notarize, so check what the owner or lender needs.
What if a sub won't sign the waiver?
Ask why first: usually it's a wrong amount, or an unconditional form for money that hasn't arrived. Fix the form and resend. If they still refuse, talk to your attorney before releasing payment.
Should I collect waivers from suppliers too?
Yes, from anyone with lien rights on the job. An Attachment field lets the sub pass their suppliers' waivers up with their own.
Sources
- California Civil Code § 8124, when a lien waiver is effective (§§ 8132–8138 hold the forms) · leginfo.legislature.ca.gov
- Texas Property Code §§ 53.281–53.284, lien waiver and release forms · statutes.capitol.texas.gov
- Florida Statutes § 713.20, waiver or release of liens · leg.state.fl.us
- 15 U.S.C. § 7001, ESIGN Act general rule and consumer consent (govinfo) · govinfo.gov