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unconditional waiver and release upon progress payment

Who can sign a notarized copy of an unconditional waiver and release upon progress payment form? On the document it lists Pro-Fabricators Inc (company name) as the undersigned - I tried to sign for this at our bank and they said only the owner could (who's name is also not listed on this document). Is the legal owner the only one who may sign the form or can a party that works for the company (myself as Accounting Manager) sign as well? Thanks for your time.

1 reply

Aug 23, 2019

Generally, any party who may sign a contract on behalf of the business will be entitled to sign a lien waiver on behalf of that business. After all, a lien waiver is ultimately just a contract. It's worth noting, though, that lien waivers almost never have to be notarized. Only 3 states (Texas, Mississippi, and Wyoming) require that lien waivers be notarized. So, notarizing a Maryland lien waiver might not actually be necessary. Though, if a customer requests that the waiver be notarized and refuses to release payment unless they receive a notarized waiver, then the party submitting the waiver might find themselves in a tight spot. For more information on Maryland lien waivers, here's a great resource: Maryland Lien Waivers Guide and FAQs.

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