Massachusetts (MA)

Massachusetts lien waiver requirements

Massachusetts prescribes a Partial Waiver and Subordination of Lien form for GCs. Anything else is void.

Massachusetts General Laws, Chapter 254, §32

The short version

Massachusetts is one of twelve U.S. states that requires a statutory lien waiver form. M.G.L. c. 254, §32 publishes a specific Partial Waiver and Subordination of Lien for general contractors who have filed a notice of contract. Any deviation from the prescribed form is unenforceable as against public policy. Subcontractor waivers in Massachusetts are not statutorily required to use the form, but the GC form is non-negotiable.

At a glance

M.G.L. c. 254, §32: prescribed Partial Waiver and Subordination
Statutory form required for GCs with a notice of contract on file
Signed under penalties of perjury
Subordinates lien to lender's security interest through 25 days after pay period

The §32 statutory form

M.G.L. c. 254, §32 prescribes the text for a Partial Waiver and Subordination of Lien used by general contractors who have filed a notice of contract under §2. The form must follow the statutory language substantially, and the claimant signs under penalties of perjury.

The form also subordinates the GC's lien to the lender's security interest for unpaid change orders, pending claims, and further labor or materials through the 25th day after the end of the payment period, up to the amount the lender actually advances. That subordination is built into the prescribed form.

Who uses the §32 form in Massachusetts

The §32 form is for general contractors who have a notice of contract on file. Subcontractors and suppliers are not required to use the §32 form, but standard partial and full waivers are the industry default for sub-tier claims.

Massachusetts does not prescribe a separate sub form. Use a plain-English partial waiver tied to a specific pay application, and follow the same conditional vs unconditional rules as every other state.

Common Massachusetts mistakes

Using a generic GC waiver template when a notice of contract is on file. §32 prescribes the form. Deviation voids it.

Treating the §32 form as a sub form. It's drafted for general contractors, not subs.

Skipping the perjury clause. The §32 form is signed under penalties of perjury; that language is part of the prescribed form.

Questions

Are non-statutory Massachusetts GC lien waivers enforceable?

No. M.G.L. c. 254, §32 prescribes the Partial Waiver and Subordination of Lien for general contractors with a notice of contract on file. A waiver that deviates materially from that form is void.

Does Massachusetts have a statutory form for subcontractor waivers?

No. The §32 form is drafted for GCs only. Subcontractors typically use plain-English partial and full waivers tied to a specific pay application.

What does the §32 form actually do?

It releases the GC's lien for the amount of the payment received and subordinates the lien to the lender's security interest for further labor or materials through 25 days after the end of the payment period.

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