Michigan Lien Waiver Rules
- Rules At A Glance
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Specific Form Required
Michigan requires the use of a specific lien waiver form in order for it to be effective.
Notarization Not Required
Michigan lien waivers do not require notarization, only signature by the claimant.
Cannot Waive Rights in Contract
In Michigan, lien waivers prior to work are strictly prohibited by statute.
Cannot Waive Rights Before Payment
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 lien waiver rules
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.
Types of lien waivers in Michigan
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.