Massachusetts Lien Waivers Guide and FAQs

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Massachusetts Lien Waiver FAQs

Massachusetts Lien Waivers Overview

Massachusetts Lien Waiver Rules


  • Rules At A Glance
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lien waivers regulated
Specific Form Required

Massachusetts requires specific forms to be used in order for a waiver to be valid.


lien waivers do not need to be notarized
Notarization Not Required

Lien waivers in Massachusetts do not need to be notarized, but they must be signed “under the penalties of perjury.”


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Can Waive Rights in Contract

If the waiver in the contract is in the required statutory form, and signed under the penalty of perjury, there is no prohibition to including the waiver in with a contract.


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Can Waive Rights Before Payment

If the waiver follows the required statutory form, lien rights can be waived prior to payment.

Massachusetts lien waivers are regulated in form and in timing and this is great news for contractors, suppliers, lenders, property developers, and anyone else on a Massachusetts construction project. Massachusetts is just one of 12 states that provide statutory lien waiver forms and have specific lien waiver laws. While it may seem frustrating to need to comply with specific statutory requirements, the truth is that not having lien waiver rules is the real headache. When lien waivers must comply with the statutory form it makes it much easier to know what you are getting (and giving).

Lien waivers are pretty complex documents. But, given how often they are exchanged, they can be given short shrift and overlooked. A lien waiver works as a receipt that payment has been made, or has been promised, for work or materials furnished on a job. These documents are exchanged at the time of payment, and commonly attached to subcontractor pay applications or vendor invoices.

There are different types of lien releases for different types of situations, depending on whether payment has been made or was promised, and whether the project has ended or is ongoing. Also, another frustrating quality of lien waivers is that the process of sending, requesting, tracking, and collecting lien waivers is an administrative pain that slows down the payment process. 

As mentioned above, Massachusetts provides a Lien Waiver Form Template in its statutes, and that particular template should be used by everyone in Massachusetts in order to ensure their lien waivers are compliant and enforceable.

 

Massachusetts Lien Waivers FAQs

Massachusetts's lien waiver requirements and rules can be confusing, but everybody providing or requesting lien waivers in Massachusetts needs to make sure they are compliant with the statutory requirements. We have some answers to the most common questions about Massachusetts's lien waiver rules below.

Massachusetts Lien Waiver FAQs

Does Massachusetts require a specific statutory lien waiver form?

Yes, Massachusetts require statutory forms for lien waivers.

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

Waivers must comply with the form provided by statute.

Are Unconditional Lien Waivers Prohibited in Massachusetts?

No, as long as it complies with form, the unconditional lien waiver is valid and enforceable.

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

No, as long as the waiver complies with the statutory form.

Must Massachusetts lien waivers be notarized?

No. Lien waivers in Massachusetts from parties that filed a notice of contract/subcontract must be signed by the party “under the penalties of perjury,” but not notarized.

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Recent Questions & Answers
About Massachusetts Lien Waivers

How do we guarantee final payment if the contractor is requiring a Final Lien Waiver prior to making payment?

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Free Massachusetts Lien Waivers Forms & Templates

Massachusetts has specific lien waiver forms that can be used by everyone on an Massachusetts 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 Massachusetts rules. You can download them free, or use our free system to send or request your compliant Massachusetts lien waiver form.

Free Massachusetts Lien Waiver Forms

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

Massachusetts Partial Unconditional Lien Waiver Form - free from

Massachusetts Partial Unconditional Lien Waiver Form

This MA 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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