Maryland Lien Waivers Guide and FAQs

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Maryland Lien Waiver FAQs

Maryland Lien Waivers Overview

Maryland Lien Waiver Rules


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lien waivers not regulated
No Specific Form

Maryland does not require a specific lien waiver form be used. Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

Maryland has no requirement that lien waivers be notarized in order to be effective.


icon-can't waive lien rights
Cannot Waive Rights in Contract

In Maryland, subcontractors may not waive lien rights in contract or otherwise prior to furnishing labor or material. However, the statute is silent for contracts between the owner and a direct contractor.


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Cannot Waive Rights Before Payment

In Maryland, subcontractors may not waive lien rights prior to payment, as all unconditional waivers are disallowed for subs. However, the statute is silent with respect to direct contractors.

Maryland lien waivers are mostly unregulated, at least in terms of the form or specific language necessary to make the waiver effective. However, there are rules related to when a lien waiver can be given and be effective.

Maryland does not provide a template for lien waiver forms in its statutes, and doesn’t provide much other guidance on how a lien waiver should be drafted in order to be effective. Participants on a Maryland construction project, therefore, have quite a bit of freedom to choose the exact format and language of lien waivers.

There are, however, restrictions to when lien waivers can be requested and provided, for at least some project participants. Lien rights are a policy right of contractors and suppliers, so many states have protections in place to make sure those rights aren’t unfairly side-stepped. In Maryland, these protections are limited to protect sub-tier parties. In Maryland, subcontractors may not waive lien rights in contract or otherwise prior to furnishing labor or material. However, the statute is silent for contracts between the owner and a direct contractor.

In Maryland construction participants should pay careful attention to lien waivers. They are exchanged all the time, but they can have serious consequences.  The resources, forms, guides, and frequently asked questions about Maryland Lien Waivers on this page will help you get it right.

Maryland Lien Waivers FAQs

Maryland's lien waiver rules and requirements can be difficult to understand. This can create some difficult situations for construction participants in Maryland, who have to navigate providing waivers in order to get paid as quickly as possible, but without giving up more than they bargained for. Some protections apply to subcontractors, but don't apply to direct contractors. We have answers to some of the most common questions about Maryland's lien waiver rules below.

Maryland Lien Waiver FAQs

Does Maryland require a specific statutory lien waiver form?

No, Maryland does not provide or require statutory forms for lien waivers.

What are the requirements for an Maryland lien waiver? What makes a lien waiver binding?

Waiver of the right to claim a mechanics’ lien by a subcontractor is prohibited.  The statute is silent on a contract between a general contractor and owner.

Are Unconditional Lien Waivers Prohibited in Maryland?

Yes, unconditional lien waivers by a subcontractor is prohibited, but the law is silent on general contractors.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Maryland?

Yes, advance lien waivers are statutorily prohibited for subcontractors.  The statute is silent on contracts between a general contractor and owner.

Must Maryland lien waivers be notarized?

No. Maryland has no requirement that lien waivers be notarized in order to be effective.

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Free Maryland Lien Waivers Forms & Templates

Maryland doesn’t really regulate the language on lien waivers. This means that you need to be sure about what your lien waiver says before providing it to another party since it’s easy to end up waiving more than you bargained for. Using these forms provided by Levelset is safe, easy, stress-free, and fair for everyone involved. When used correctly, these forms don’t waive more than intended, are fair, and can’t be used against the singing party.

When used correctly, the forms provided here for free by Levelset are clear and fair to all parties. You can download them free, or use our free system to send or request your Maryland lien waiver form.

Free Maryland Lien Waiver Forms

These Maryland lien waiver forms are compliant with the state's requirements. Make it easy, and use forms from the source you can trust.

Maryland Partial Conditional Lien Waiver Form - free from

Maryland Partial Conditional Lien Waiver Form

This md partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Maryland Partial Unconditional Lien Waiver Form - free from

Maryland Partial Unconditional Lien Waiver Form

This md partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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Maryland Final Conditional Lien Waiver Form - free from

Maryland Final Conditional Lien Waiver Form

This md final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Maryland Final Unconditional Lien Waiver Form - free from

Maryland Final Unconditional Lien Waiver Form

This md final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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