I need to put MN Lien Waiver in the terms of my client contracts. Where do I find this language?
May 7, 2019
That's an interesting question. There are two things worth noting here: (1) Minnesota is not a state that requires specific lien waiver forms be used, and (2) Minnesota specifically disallows the waiver of lien rights prior to the actual receipt of payment. So, if a party attempts to waive their lien rights or attempts to have someone else waive their lien rights in the contract (before work is paid for or even performed), then that waiver of lien rights wouldn't be effective. Now, including language in a contract that requires certain forms or establishes lien waiver procedures is allowed - and it's typically a great idea to set clear waiver expectations right from the start. Writing waiver requirements (in plain and clear language) right into a contract would be an easy way to create waiver requirements and to have them reflect the intent of the parties. Further, reaching out to a local construction attorney could help - they'd likely be able to draft waiver language and insert it into whatever contract is being used. Finally, there are also a plethora of forms, clauses, and contracts available online that establish lien waiver procedures - so, sifting through some potential options might help to draft or pick out language. For more information on Minnesota lien waivers, this resource should be valuable: Minnesota Lien Waiver FAQs.