Michigan requires the use of a specific lien waiver form in order for it to be effective.
Michigan lien waivers do not require notarization, only signature by the claimant.
In Michigan, lien waivers prior to work are strictly prohibited by statute.
In Michigan, all lien waivers are only effective upon payment of the amount indicated in the waiver.
Lien waivers, sometimes called lien releases, act as a receipt for payment. They are exchanged by people at the time of payment on a construction project. It’s common for subcontractors and suppliers to include lien waiver documents with their pay applications or invoices. When a subcontractor signs and submits a valid lien waiver, it gives up – or waives – their right to file a mechanics lien for the amount listed in the form. General contractors, property developers, and construction lenders often have intricate lien waiver tracking and collection practices.
Michigan is one of the 12 states that provide statutory lien waiver forms. This means that everyone connected to a construction project must follow the rules outlined in Michigan’s mechanics lien laws. When exchanging lien waivers on a construction project in Michigan, it’s important to follow the statutory requirements and be sure to use the proper form. Failure to use the proper form will result in the lien waiver being invalid and unenforceable; as will any attempts to modify or add more provisions to the waiver.
It’s easy to make mistakes. Even if you use a mandatory form and fill it out completely right, it’s easy to mistakenly use the wrong form! After all, Michigan has 4 different lien waiver forms. So it’s important to use the right one at the right time to ensure your proper lien rights are intact.
For a full breakdown of the different types of Michigan lien waivers and how to fill them out see:
Otherwise, the information on this page provides frequently asked questions, forms, guides, and other helpful information on Michigan’s Lien Waivers.
Michigan has specific lien waiver forms that must be used by everyone on an Michigan construction project. Using these forms is safe, easy, stress-free, and fair for everyone involved.
The forms provided here for free by Levelset are compliant with the Michigan rules. You can download them free, or use our free system to send or request your compliant Michigan lien waiver form.
These Michigan lien waiver forms are compliant with the state's requirements. Make it easy, and use forms from the source you can trust.
This Michigan Full Conditional Lien Waiver form is for use on private construction projects. Michigan’s lien waiver laws specify the language required on all lien.
This Michigan Full Unconditional Lien Waiver form is for use on private construction projects. Michigan’s lien waiver laws specify the language required on all lien.
This Michigan Partial Conditional Lien Waiver form is for use on private construction projects. Michigan’s lien waiver laws specify the language required on all lien.
This Michigan Partial Unconditional Lien Waiver form is for use on private construction projects. Michigan’s lien waiver laws specify the language required on all lien.
Michigan's lien waiver requirements and rules can be confusing, but everybody providing or requesting lien waivers in Michigan needs to make sure they are compliant with the statutory requirements. We have some answers to the most common questions about Michigan's lien waiver rules below.
Yes, everyone working on a construction project in Michigan must exchange the same lien waiver forms. These forms are provided under Michigan’s mechanics lien laws and explicitly states that you must use these forms.
While this may seem frustrating for some job stakeholders, this makes things easier for contractors and suppliers. Using statutory forms helps prevent the inclusion of additional language and the potential to waive more rights than intended. This helps speed up the already notoriously slow payments in the construction industry, by avoiding disputes over waiver language
In order to effectively waive lien rights in Michigan, the waiver must be in the statutory form provided under Mich. Comp. Laws. §570.1115(9) and signed by the claimant or their authorized agent.
→ Download free Michigan lien waiver forms here:
No, a full unconditional waiver is actually required by a lien claimant once full payment is received. A partial unconditional waiver is required for claimants who receive partial payments.
No, lien rights in Michigan cannot be waived by contract. These so-called “no-lien clauses” are against public policy, and explicitly prohibited under Michigan’s lien laws, “A waiver obtained as part of a contract for an improvement is contrary to public policy, and shall be invalid, except to the extent that payment for labor and material furnished was actually made to the person giving the waiver.”
Lien waivers in advance of work performed or materials furnished are strictly prohibited under Michigan’s lien laws. Furthermore, lien rights cannot be waived in Michigan prior to payment. They are only effective upon payment of the amount indicated in the waiver.
No, the Michigan statutory lien waiver forms do not require notarization in order to be valid, only a signature by the claimant or the claimant’s authorized agent is required.
In fact, an argument can be made that notarizing a Michigan lien waiver is an alteration of the statutory form and could potentially invalidate the waiver.
Hello! I am a subcontractor working under a contractor. I do not do construction work, but provide tree removal services. In order to get paid.
Can we eliminate the paragraph regarding calling the contractor to verify if the signature is valid? This appears to only be referring to residential work.
“Full unconditional waiver (Roofing)” – we still have to complete siding labor (only) on this unit. Are we waiving our rights to the entire unit.
Need to file a Michigan mechanics lien? File your mechanics lien with Levelset, the lien experts quickly and easily. Or you can follow the 3 steps below to file a lien yourself with Levelset's free information.
