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How to add a lien waiver to an existing contracr

we have contracted for kitchen cabinet refacing, faucet installation & new granite countertops. Partial payment has been made with a future installation date. No lien waiver has been initiated. Can we demand one before proceeding? Can we demand a lien waiver to include the sub contractor/supplier waiver and be amended to the contract?

1 reply

Oct 11, 2019

Michigan has relatively strict rules and requirements with respect to lien waivers. Michigan lien waivers are regulated in form and in time. Michigan is one of the 12 states with statutory lien waiver forms that must be used in order for the waiver to be valid. Additionally, lien waivers prior to work are strictly prohibited by statute, so waivers contained within the contract are a no-go. And, lien waivers in Michigan are only effective upon the amount noted in the waiver actually being paid. However, there is nothing that says a party cannot require waivers to be provided commensurate with payment, or request that waivers be provided from parties down the chain. It is not an uncommon practice to require a GC to bundle lien waivers from parties down-the-chain so the property owner can be comfortable in avoiding lien liability.

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