Options for Notarizing Mechanics Liens & Waivers Remotely

In times like these, getting a document notarized can be difficult. Some construction contracts have language that requires contractors to notarize certain payment documents. They may ask you to notarize lien waivers or payment applications. If you’re in certain states, you might be required to notarize a mechanics lien. But your company still needs to get paid. What can you do to satisfy the document requirements for a notary without jeopardizing your health to do it? Let’s explore the options for notarizing construction payment documents remotely.

Notarizing mechanics liens during COVID-19

If you haven’t been paid for your work on a construction project and are considering filing a mechanics lien, take care. A majority of states require notarization as part of a mechanics lien filing. If you want to record a lien claim in one of these states during the pandemic, it’s important to understand the challenges – and your options.

During a pandemic, meeting face-to-face is difficult. Notarization typically requires that the notary and the person signing the document be in the same room. These days, even if a notary is accessible, it can be difficult to be together with social distancing requirements. Add the fact that many construction office staff are remote. The people charged with notarizing these documents are working from home. It makes scheduling a signing a nightmare.

Many businesses that typically have notaries are closed or aren’t allowing visitors. Notaries are usually found in banks or attorneys’ offices, both of which may be closed or only seeing select clients. If you don’t have a notary in your construction company’s office, you may be out of luck.

Asking your credit manager or other staff to make a trip to the notary for a mechanics lien claim is a tricky proposition. People are scared and want to stay healthy. There is added stress when leaving the house, even the most essential trips (like securing your right to payment). Asking employees to go out in public to get a document notarized will add even more stress, and may even put their health at risk.