Understanding When To Notarize Documents in Construction

Managing construction paperwork puts a big burden on the back office of subcontractors. Notarization can feel like one more weight on the scale. One that, if disregarded, will stand in the way of getting paid. 

If you’re trying to understand which construction documents require notarization and when they require it, you’re in the right place. This article will cover:

• Why documents need to be notarized
• Which construction documents require a notary
• State-by-state list of notarization requirements
• Tips to manage notarized construction docs

Why Construction Documents May Need to Be Notarized

The primary purpose of notarization is to certify that document signatures are authentic. It provides legal protection and peace of mind for project owners and general contractors (GCs). 

To get a document notarized, you’ll take it to a notary who acts as a government agent while doing the following:

• Verify identity: Notaries must check your identification to make sure you are who the document says you are. This aims to prevent parties from falling into business with fraudulent people.  
• Validate document dates: You cannot notarize a document that’s dated in the future. The notary will confirm that the date on the document is either for the current or a previous day, ensuring that the terms of the document are valid from the moment you sign it.
• Confirm sound mind: Part of the notary’s role is to ensure that you are of sound mind, that you understand what you are signing, and that you’re not signing under duress. 

Not all documents need to be signed by a notary, which is how most subs get tripped up. So when do you need to worry about notarization?

Notarization Requirements for Common Construction Documents 

Some construction documents require notarization according to state laws. For others, the contract holder may request it. If the property owner or GC requires certain documents to be notarized, they will outline those terms in the construction contract.  

Let’s look at the notarization requirements for most common construction documents, including:

• Construction contracts
• Notices of commencement
• Change orders
• Payment applications
• Sworn statements
• Contractors’ affidavits
• Lien waivers
• Preliminary notices
• Notices of intent to lien
• Mechanics’ liens

Do construction contracts need to be notarized?

Almost every construction project has a contract that defines all the parameters of the project, including scope, budget, and schedule, along with many other details. Since contracts are already legally binding agreements, no states require them to be notarized. 

Project owners and GCs generally don’t require it either, but it’s feasible they could if they’re being extra cautious. Some attorneys recommend that subcontractors get all signed agreements notarized as an extra layer of protection against potential future disputes. 

Does a notice of commencement need to be notarized?

A Notice of Commencement (NOC)—also called a Notice of Project Commencement, an Affidavit of Commencement, or a Notice of Contract—is only required in seven states. Of those, just three require they be notarized: 

• Florida
• Michigan
• Ohio

You can learn more about other important NOC requirements here. 

Do change orders need to be notarized?

States don’t require you to notarize change orders, and typically neither does anyone else. Because approved change orders are essentially part of the original contract, they’re already considered legally binding.

Do payment applications need to be notarized?

There are no laws stating that payment applications must be notarized, but your contract may specify otherwise. If you spot a notarization clause during contract review, either ensure you have the pay app properly notarized or ask the GC to take this clause out.

For a deeper dive into payment applications, check out this guide. 

Do sworn statements need to be notarized?

Yes—in almost all real-world construction scenarios, sworn statements should be notarized. A sworn statement is exactly what it sounds like: a statement made under oath, and notarization is the standard way to administer that oath.

While some states (like Michigan) don’t explicitly require notarization in the statute, their official forms include a notary block, and owners, lenders, and GCs expect it. Others (like Illinois) require sworn statements to be made under oath, and courts have rejected liens when the statement wasn’t properly sworn.

Because of that, subcontractors should treat notarization as mandatory for any sworn statement—statutory form or not—to ensure it’s valid, accepted, and enforceable.

Does a contractor’s affidavit need to be notarized?

There’s no nationwide rule requiring contractor affidavits to be notarized, but in construction practice, they almost always must be. Most contractor affidavits—whether they’re affidavits of payment, no-lien affidavits, or close-out affidavits—are expected to be sworn, and a sworn affidavit requires notarization.

On top of that, owners, lenders, title companies, and plenty of contracts won’t accept an affidavit (or release funds) without a notarization. So in practice, subcontractors should assume every contractor’s affidavit needs to be notarized unless told otherwise.

Do lien waivers need to be notarized?

Lien waivers are one of the more complicated documents in construction, primarily because there are multiple types that need to be submitted at specific times. (We tackle this complex topic in our lien waiver guide.)

Only Wyoming and Mississippi, however, require a lien waiver to be notarized. Other than that, it’s up to the GC’s discretion. (Quick update for folks working on projects in Texas: The state used to mandate that lien waivers be notarized, but this policy changed in January 2022.)

It’s worth noting that 10 other states have specific lien waiver forms that may not be altered. Therefore, notarizing a lien waiver in one of these states could nullify it: AZ, CA, FL, GA, MA, MI, MO, NV, TX, and UT.

Do preliminary notices need to be notarized?

Generally, no. Preliminary notices—also called Notices to Owner or Notices of Furnishing—don’t usually need to be notarized. But requirements vary a lot from state to state, so it’s always worth double-checking your state’s lien rights statutes.

One notable exception is Arizona. The state requires proof that preliminary notice was sent, and a notarized affidavit is one acceptable way to provide that proof.

Do notices of intent to lien need to be notarized?

Ten states—Arkansas, Colorado, Connecticut, Illinois, Louisiana, Missouri, North Dakota, Pennsylvania, Wisconsin, and Wyoming—require subs to send a NOI to protect their right to file a mechanics lien. Of these 10 states, Illinois and Missouri require the NOI to be notarized.

Do mechanics’ liens need to be notarized?

More states than not require mechanics’ liens to be notarized. If the project site is in one of these 36 states, be sure to get your lien notarized before you file it.

Additionally, Delaware and Massachusetts recommend having liens notarized. The other 12 states—California, Georgia, Hawaii, Illinois, Louisiana, Mississippi, Montana, New Hampshire, North Carolina, North Dakota, Pennsylvania, and Wisconsin—don’t require it. 

Notarization Guide for All 50 States

It’s a lot to keep track of, even for local contractors. If you do business in multiple states or regions, it’s even more confusing. Here’s a high-level breakdown.

• Construction contracts, change orders, payment applications, and preliminary notices do not legally need to be notarized anywhere.
• Sworn statements and contractors’ affidavits must be notarized in all 50 states. 
• Notices of commencement, lien waivers, notice of intent, and mechanics’ liens vary depending on the state. 

Here’s a chart of the notarization laws for each state. 

Managing Notarized Construction Documents

Just like all the rest of the paperwork flying in and out of your office, managing notarized construction documents can feel like a juggling act. And dropping a ball can be a big deal. If you overlook a notary signature on a single lien waiver, it can delay payment by weeks.  

Streamlining your approach to managing notarized construction docs can make a difference, not only for your peace of mind but also for your financial health. Here are a few tips to keep everything flowing smoothly and make sure you never miss an important signature. 

• Know the requirements: It’s your job to know the state requirements everywhere you’re licensed to do business. You can bookmark the table above if you need a cheat sheet.  But remember, the project owner or GC may have different policies. So, be sure to check your contracts for the requirements of each of your projects.
• On-demand notary access: Make it as easy as possible to get documents notarized. This used to look like having someone on staff register as a licensed notary. Today, you have access to online notary services like NotaryLive, OneNotary, and Secured Signing. 
• Centralize and automate: GC requirements are where it gets complicated, especially when it comes to lien waivers. Subs can save a lot of time and prevent a lot of mistakes when they use a tool like Siteline to manage all their lien waivers, pay apps, and change orders across all GCs. 

Cornerstone Forming uses Siteline to centralize their change orders and pay application management. Not only does it prevent pay apps from getting rejected, but it also saves their team 24 hours per month. Take a look at how Siteline can make your life easier.