Lien waivers by state: forms, rules and retainage.
Every state handles lien waivers differently: some prescribe the exact forms, some require notarization, and all cap or regulate retainage in their own way. Each page below is written from the state's statute, with sources.
General information, not legal advice · Each state page shows the date it was checked
How the states compare.
| State | Waiver forms | Notarized? | Waive in advance? | Retainage (private) |
|---|---|---|---|---|
| Florida | 2 statutory forms (progress, final) | No | No (713.20(2)) | No statutory cap; public 5% |
| Texas | 4 statutory forms | No (since 2022) | Void, narrow residential exception | No contract cap found; 10% owner holdback |
| California | 4 statutory forms | No | Void until statutory waiver signed | 5% for contracts from Jan 1, 2026 |
| Georgia | 2 statutory forms + affidavit | Waivers no; affidavit yes | Void (44-14-366(b)) | Up to the prime contract's %; public 5% |
| Arizona | 4 statutory forms | No | Void (33-1008(A)) | "Reasonable amount"; public 10% then 5% |
Pick your state.
FL
Florida lien waivers
Florida lien waivers under section 713.20: the two statutory forms, conditional waivers for checks, the ban on advance waivers, and Florida retainage rules.
Read the FL rulesTX
Texas lien waivers
Texas lien waivers under Property Code 53.281-53.287: the four statutory forms, no notary since 2022, the ban on advance waivers, and Texas retainage rules.
Read the TX rulesCA
California lien waivers
California lien waivers: the four statutory forms in Civil Code 8132-8138, when conditional waivers take effect, and the new 5% private retainage cap for 2026.
Read the CA rulesGA
Georgia lien waivers
Georgia lien waivers under O.C.G.A. 44-14-366: the interim and final forms, the 90-day affidavit of nonpayment that protects unpaid subs, and retainage rules.
Read the GA rulesAZ
Arizona lien waivers
Arizona lien waivers under A.R.S. 33-1008: the four statutory forms, why custom waivers fail, the payment warranty in every form, and Arizona retainage rules.
Read the AZ rulesLien waiver basics.
What is a lien waiver?
A signed document in which a contractor, subcontractor or supplier gives up some or all of its right to file a mechanics' lien against the property, usually in exchange for a payment. Owners and general contractors collect them with each payment so a paid party can't later lien the job for the same money.
What's the difference between a conditional and an unconditional lien waiver?
A conditional waiver only takes effect once the stated payment is actually received, so it's safe to sign before the check clears. An unconditional waiver is effective as soon as it's signed and delivered, whether or not you were paid, so sign it only after the money is in your account.
What's the difference between a progress and a final lien waiver?
A progress (partial or interim) waiver covers work through a specific date or payment, and keeps your rights for work after that. A final waiver covers everything on the job and is signed with the last payment, including released retainage.
Do all states require a specific lien waiver form?
No. Texas, California, Georgia and Arizona make their statutory forms the only effective way to waive lien rights. Florida sets statutory forms and bars anyone from requiring a different one, but a waiver in another form can still be enforced on its terms. Many other states have no statutory form at all. Each state page here explains its rule.
General information, not legal advice. Lien law is technical and deadlines are strict; have a construction attorney review your forms and process.
