New York — Contractor Lien Waiver Resources
New York has no statutory waiver form, and § 34 of the Lien Law is short enough to memorize — which is good, because in New York the timing of a waiver matters more than its wording.
What the official source states
Official source: Lien Law § 34 — https://www.nysenate.gov/legislation/laws/LIE/34
- Any contract, agreement or understanding whereby the right to file or enforce a lien is waived is void as against public policy and wholly unenforceable (Lien Law § 34).
- The section does not preclude a written waiver of the right to file a mechanic’s lien that is executed and delivered by the contractor, subcontractor, material supplier or laborer simultaneously with or after payment for the labor performed or materials furnished.
- A written agreement to subordinate, release or satisfy all or part of a lien, made after a notice of lien has been filed, is also outside the ban.
Verified against the official source on 2026-10-27. This page is a plain-language summary, not the statute and not legal advice.
What this means for your paperwork
- Never send a New York waiver before or with a promise of payment — simultaneous with or after payment is the statutory pattern.
- Record the payment timestamp and the waiver delivery timestamp together in your waiver log; the pair is what § 34 cares about.
- Contract clauses that try to waive lien rights up front are void — but do not rely on that instead of reading what you sign.
New York Contractor Paperwork Pack
The New York Starter Pack contains editable invoice, estimate, and change-order templates, a contractor checklist, payment tracker, waiver log, and an Official Form Reference Guide for Lien Law § 34. New York prescribes no statutory waiver form, so the pack focuses on the trackers, checklists and document discipline that keep your lien rights documented.
See the catalog for pack status and contents.
Buy the New York Starter Pack — $9 (secure Stripe checkout)