Michigan lien waiver requirements
Michigan prescribes four statutory lien waiver forms. Anything else is invalid.
Michigan Construction Lien Act, MCL §570.1115
Yes. Michigan requires you to use the statutory lien waiver form set out in MCL §570.1115. Substitute your own wording, or use a generic template instead, and the waiver can be challenged or thrown out when you need it to hold up.
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.
To send the right form for this state and get it signed without an email chase, use lien waiver software.
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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
No. MCL §570.1115(9) prescribes four forms. A waiver that doesn't follow the statutory form is invalid.
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Massachusetts lien waiver requirements
Massachusetts prescribes a Partial Waiver and Subordination of Lien form for GCs. Anything else is void.
Minnesota lien waiver requirements
Minnesota waivers tie back to the 45-day pre-lien notice. No notice, no lien, and the waiver only counts when the sub gave one.
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Retainage rules change by state; the math to withhold and release it doesn't.
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What is a lien waiver, exactly?
The four waiver types and what each one actually releases.
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