Michigan (MI)

Michigan lien waiver requirements

Michigan prescribes four statutory lien waiver forms. Anything else is invalid.

Michigan Construction Lien Act, MCL §570.1115

The short version

Michigan is one of twelve U.S. states that requires a specific statutory lien waiver form. The Construction Lien Act at MCL §570.1115 spells out four forms: Partial Conditional, Partial Unconditional, Full Conditional, Full Unconditional. Advance waivers tied to the contract are void as against public policy. On residential projects, an owner can't rely on a waiver from anyone other than the named lien claimant unless they verify authenticity directly.

At a glance

MCL §570.1115: four statutory forms required
Partial Conditional / Partial Unconditional
Full Conditional / Full Unconditional
Advance contractual waivers are void under §570.1115(1)

The four Michigan statutory forms

MCL §570.1115(9) prescribes four waiver forms. Each combination of partial vs full and conditional vs unconditional has its own statutory text. A waiver must follow the statutory form to be effective. Generic templates don't qualify.

Conditional waivers release lien rights only when the payment clears. Unconditional waivers release lien rights the moment the claimant signs. Match the form to the payment status, not just the pay period.

The residential verification rule

On residential projects, MCL §570.1115 says the owner cannot rely on a waiver from anyone other than the named lien claimant unless they first verify the waiver directly with the claimant. The verification can be in writing, by phone, or in person, but it has to happen.

That rule exists to stop forged waivers. If a GC submits a sub's waiver and the homeowner pays without verifying, they're exposed if the waiver wasn't actually signed by the sub. Build the verification step into your residential workflow.

Common Michigan mistakes

Substituting a generic template. MCL §570.1115(9) prescribes the forms. Anything else is invalid.

Putting an advance lien waiver clause in the sub contract. §570.1115(1) voids it. A waiver is only effective to the extent of payment actually received.

Skipping the residential verification step. The owner pays the GC, doesn't verify the sub's waiver, the waiver turns out to be forged, and the owner pays twice.

Questions

Are non-statutory Michigan lien waivers enforceable?

No. MCL §570.1115(9) prescribes four forms. A waiver that doesn't follow the statutory form is invalid.

Can a Michigan sub waive lien rights in the contract?

No. MCL §570.1115(1) voids advance contractual waivers. A waiver is only valid to the extent of payment actually received.

Why does Michigan require verifying residential lien waivers?

To prevent forged waivers. On residential projects, the owner can't rely on a waiver from anyone other than the named claimant unless they verify the waiver directly with the claimant.

Send a Michigan waiver in two minutes.

The right form, the right notice, signed on a phone. Released when the check clears.

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