Whether you’re a general contractor (GC), subcontractor, or property owner, understanding New Hampshire lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party’s right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let’s dive into the world of New Hampshire lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
Just as in 38 states, New Hampshire lien waivers are largely unregulated and viewed as a standard contract. Advance lien waivers are allowed in the state, meaning parties can waive lien rights in the contract even before project work begins or before payment.
In addition, pay-if-paid clauses are valid in New Hampshire if clearly detailed in the contract. This means the GC only needs to pay subcontractors if the property owner pays them. (We recommend subs negotiate for their removal in favor of a pay-when-paid clause instead.)
Since virtually any clause can be included, this lack of regulation often gives owners the upper hand in drafting construction contracts and lien waiver forms. Here’s how to protect yourself:
- Review documents in full and request to remove anything that takes fair payment off the table.
- Limit clauses to standard legalese.
- Lay out the exchange of lien rights for work performed.
New Hampshire doesn’t mandate a specific or statutory lien waiver form.
Both conditional and unconditional lien waivers are accepted in New Hampshire.
Both conditional and unconditional lien waivers are accepted in New Hampshire.
To be considered valid in New Hampshire, a lien waiver must:
- be in writing
- be signed by the waiving party
- clearly state the amount being waived and the property to which it applies
In New Hampshire, parties can waive lien rights in the contract and even before work begins.
New Hampshire does not have a specific statutory provision that prohibits waiving lien rights before payment.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers—individually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
Parties can use their own lien waiver form in New Hampshire, as state law doesn’t specify any specific or statutory form. Review the lien waiver and corresponding contract carefully, as absolutely anything can be added to these documents, potentially diminishing or even eliminating your lien rights.
No specific statutory requirements govern the validity of a lien waiver in New Hampshire. To ensure the lien waiver is valid, make sure it follows these rules:
- It should clearly state the amount being waived and the property to which it applies, and
- It must be signed by the party waiving their lien rights.
New Hampshire state law doesn’t contain any specific provisions about lien waivers. This means lien waivers can be exchanged at any time in the state—even advance lien waivers are allowed in New Hampshire, meaning lien rights can be waived before work begins.
Detail any project-specific timing within the contract to cover your bases. New Hampshire lien waivers can be exchanged with payment applications (conditional lien waivers) or upon receipt of payment (unconditional lien waivers).
Need help choosing a lien waiver subset? Review this comprehensive guide.
Lien waiver provisions that waive lien rights in the contract or before payment are allowed in New Hampshire. That’s why it’s important to review every clause and request the removal of anything that doesn’t support fair payment.
Since New Hampshire lien waivers are largely unregulated, this can put GCs, subs, and suppliers in hot water in case of a dispute—especially if sneaky contractual provisions take away lien rights.
With any dispute, start by reviewing the contract and lien waiver form to make your case. New Hampshire’s Circuit Court and Superior Court handle any lawsuits if mediation, negotiation, or arbitration agreements are not an option.
Consider consulting with a construction law attorney familiar with New Hampshire lien laws if you need extra guidance.
New Hampshire lien waivers can be complex. We’ve rounded up some key resources to prepare you for construction jobs in the state:
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.