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What Construction Documents Actually Require a Notary?

By NotaryLive Staff

Published on 05/27/2025

KEY TAKEAWAYS
Lien waivers, NOCs, and affidavits are common construction documents needing notarization.
Notarization delays can stall payments and permits.
Online notarization services speed up document processing for construction teams.

In the middle of managing bids, payments, permits, project schedules, and the construction process, it’s easy to overlook one critical detail: which construction documents actually need to be notarized.

Contractors and office staff often find themselves scrambling at the last minute to find a notary, just to move a single document forward. It’s a frustrating process that slows down projects, payment cycles, and permitting.

So let’s clear things up.

Here’s a breakdown of the most common construction documents that require notarization ,and how your team can handle them faster.

Why Some Construction Documents Need to Be Notarized

Notarization is legally required when construction documents need to be verified for identity, intent, and authenticity. In construction, it’s used to prevent fraud, ensure compliance, and satisfy local or state recording requirements.

Most commonly, notarized documents are used to:

Confirm the validity of a lien waiver or affidavit
Establish legal rights at the start of a project
Support permitting processes with municipalities
Certify that someone is acting on behalf of the property owner or company

Common Construction Documents That Require Notarization

1. Lien Waivers

Depending on the state and project type, lien waivers often must be notarized. This is especially true for final or unconditional waivers.

States where notarization is common or required: Texas, Florida, California, Georgia, Michigan, Nevada, Mississippi, Indiana, Ohio

Lien waivers are often the most notarized documents in construction, especially when special conditions apply. Without a properly notarized waiver, payment release may be delayed or challenged.

2. Notices of Commencement (NOCs)

NOCs are required in many states before construction begins. They define the start of a project and establish lien priority.

States where NOCs are required and must be notarized: Florida, Ohio, Michigan, Georgia

Submitting a notarized NOC protects all parties involved and is often needed before the first building permit is pulled or any work is performed.

3. Permit Affidavits and Owner Authorizations

Cities and counties frequently require notarized affidavits to confirm that the permit applicant is authorized to act on behalf of the property owner.

Common in municipalities like: Miami-Dade, New York City, Los Angeles, Houston, Chicago

These documents, often prepared by project coordinators, office staff, or permit expeditors, are crucial in project management, and notarization is what enables the construction process and filing to proceed.

4. Draw Request Affidavits

Many lenders and owners require notarized affidavits to accompany draw requests. These confirm that work is completed and payment is due.

Especially common in larger commercial or multi-family projects
Often notarized by office staff or PMs

5. Power of Attorney (POA)

A POA is used when someone other than the property owner is signing construction documents or submitting permits. It always requires notarization.

Common for permit runners, office admins, or legal signatories
Required by both cities and project owners for delegated authority

6. Final Affidavits or Closeout Documents

Certain states and clients require a notarized final affidavit before project funds are fully released or the job is officially closed.

Frequently used in Florida and public works projects
May be submitted by GCs or legal teams as part of compliance

Why This Causes Delays

The problem? These documents often sit idle while teams track down a notary. That leads to:

Delayed permits
Stalled payments
Extra mobile notary costs
Lost time coordinating with in-house staff or local offices

The Fix: Remote Online Notarization (RON) with NotaryLive

With NotaryLive, construction teams can notarize contracts and all of these documents online — legally, securely, and in minutes.

✔️ Available 24/7
✔️ Works from field or office
✔️ Accepted in all 50 states
✔️ Compliant audit trail for every notarization

Popular Use Cases We See Every Day

Office managers notarizing 10+ lien waivers at a time
PMs notarizing draw affidavits from the field
Permit expeditors sending notarized affidavits same-day
Subcontractors and contractors notarizing NOCs before first payment
Admins using one Business Account for the entire GC office

Final Takeaway

If your team handles any of the construction documents above, you’ve likely felt the pain of chasing notaries, waiting on sign-offs, or scrambling before a permit deadline.

Now you don’t have to.

Start notarizing now Book a demo to learn more

Frequently Asked Questions

What is a full set of construction documents?
A full set of construction documents includes all drawings, specifications, contracts, and legal forms needed to plan, permit, build, and close out a project.
How can remote online notarization benefit construction teams?
Remote online notarization saves time, reduces delays, and allows construction teams to notarize documents securely from anywhere.
What is digital notarization?
Online notarization using ID checks, video calls, and secure tools streamlines notarial acts.
Is it legally valid for construction docs?
Yes. It’s compliant in all 50 states.
How does it prevent fraud and ensure verification?
ID checks and tamper-evident records stop unauthorized edits.

About NotaryLive

NotaryLive is a leading provider of digital notarization and eSign solutions, dedicated to enhancing business efficiency through a secure, user-friendly platform that prioritizes understanding and meeting customer needs. By offering innovative tools for electronic signatures and online notarization, NotaryLive empowers professionals to manage documents easily, anywhere, any time.