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, and 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?

A contractor’s affidavit isn’t legally required to be notarized in all 50 states, but in practice, it almost always must be. Owners, lenders, title companies, and many contracts require notarization before they’ll accept the document or release funds. So treat notarization as standard procedure for every contractor’s affidavit.

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 Mississippi and Wyoming, however, require a lien waiver to be notarized. Other than that, it’s up to the GC’s discretion. 

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, only 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. 

Notarization Requirements by State

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. So here’s a high-level breakdown for ya.

How To Negotiate Notarization Requirements With Your GC

This one comes up in our talks with subs all the time: the GC wants every monthly waiver notarized, your state doesn't require it, and you're stuck deciding whether to comply. It wastes time and can even delay payments. Here’s how to navigate these situations:

1. Start with the contract. If the contract doesn’t specify notarization requirements, you have room to push back. However, if you’ve already signed up for notarization, you're locked in for this job—negotiate it out of the next one. 
2. Check against state laws: Using waivers as an example again, ten states (AZ, CA, FL, GA, MA, MI, MO, NV, TX, and UT) require statutory forms. Adding a notary block to those waivers could be considered a material change to the form, thereby invalidating it.

If they’re still pushing for extra signature assurance, offer something that gets them there without dragging you to the notary’s office every billing week:

• A witnessed signature line, filled in by another company employee
• An e-signature with an audit trail through DocuSign, Adobe Sign, or your billing software

The second bullet in particular has become more commonplace in the construction industry. Which begs the question: are e-signatures legal?

Are E-Signatures Legally Valid for Construction Documents?

Yes, and that goes for almost every document we’ve discussed here.

The federal ESIGN Act (15 U.S.C. § 7001) has made e-signatures legally equivalent to wet ink since 2000, and every state has a similar law in place. This means that most of what your A/R team sends and signs today can be signed electronically.

Where it gets tricky: notarization. Electronic notarization is technically allowed, but the rules vary by state. Most states allow remote online notarization (RON), so you can sign over video without tracking down a notary. Services like NotaryLive, OneNotary, and Secured Signing handle RON specifically for construction. A few states (including California and Mississippi) still require you to be physically present.

How this applies by document type:

• Contracts, change orders, and pay applications: E-signatures are valid as long as both parties have agreed to them and there's evidence of intent.
• Lien waivers: Same here; e-signing is fine—with the statutory-form caveat from above.
• Sworn statements, contractor's affidavits, and any waiver that requires notarization: These can usually be notarized electronically, but check whether your state allows remote notarization or requires it in person.
• Recorded documents (mechanic’s liens, notices of commencement, NOIs): These follow county rules, not just state law. Some still require wet ink, raised seals, or specific formats. Always check with the recorder before going paperless.

One last thing: e-signatures only work if both sides agree to them. And remember that if the subcontract calls for wet ink, the law doesn’t override that. 

Managing Notarization for Construction Documents

Even when notarization is unavoidable, the cost isn't the $10 notary fee—it's the hours your team spends chasing signatures, tracking lower-tier waivers, and reconciling what's been received against what's still outstanding. Miss a notary stamp on one waiver and payment can slip by weeks.

Here are the three things to remember:

• 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.
• Build on-demand notary access into the workflow: Make it as easy as possible to get documents notarized. Online notary services like NotaryLive, OneNotary, and Secured Signing turn a 30-minute trip to the bank into a 5-minute desk task. For states that don't allow remote online notarization, set up a relationship with a mobile notary so they come to you.
• Centralize and automate: GC requirements get complicated fast, especially with lien waivers and lower-tier compliance docs. Pulling all of it into one system instead of three inboxes and four shared drives is what prevents the missed-signature surprises that hold up payment.

This last point is where most subs feel the pain. Siteline's Vendor Lien Waiver Management and Compliance features handle the request, tracking, signing, and storage of waivers and compliance docs in one place. Industrial Commercial Systems collects 200+ lien waivers a month with 5x less effort, and FireTron, Inc. processes lower-tier waivers 90% faster with Siteline.

Curious to see how it could keep your team from chasing notarized waivers every billing cycle? Schedule a demo.