New Hampshire Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
New Hampshire has no statutory form for lien waivers.
Notarization Not Required
New Hampshire lien waivers are not required to be notarized.
Can Waive Rights in Contract
New Hampshire has no specific prohibition on waiving future lien rights through contract.
Can Waive Rights Before Payment
New Hampshire has no specific prohibition on waiving lien rights prior to payment.
New Hampshire lien waivers can be very tricky and dangerous for all parties involved.
Lien waivers are not regulated in New Hampshire, and it appears that these documents (also called lien releases or releases) are treated just like any other contract between parties. That means that construction participants can agree to pretty much anything they want in a lien waiver so long as the agreement is clear, and not contrary to public policy.
In New Hampshire, therefore, when parties exchange a lien waiver they ought to look very closely at the language contained on the waiver itself. This caution should also extend to a review of the construction contract for work itself. New Hampshire os one of the relatively few states that has no qualms about letting construction participants waive lien rights prior to even beginning work.
As such, using good, clean, standard, and fair lien waiver forms and language is best practice in New Hampshire so nothing comes up by surprise.
Below are some frequently asked questions about the lien waiver laws and requirements in New Hampshire.