I am drafting a design professional agreement and need the applicable lien waiver and release forms for Massachusetts. According to your site, there is only a required statutory form for partial. What about final?
1 reply
Mar 31, 2020
As you mentioned above, Massachusetts does have a specific, statutory lien waiver template for partial lien waivers. But, the statute does not provide a form or template to be used for a final lien waiver. As a result, there isn't really much guidance on how to handle a customer's request for a final lien waiver - at least at first blush, a final lien waiver given in anticipation of payment won't be valid or enforceable.
§ 32(2) of the Massachusetts lien statute does specifically allow for construction businesses to provide statements indicating they've been paid. So, after payment is made, submitting a document that says you're fully paid may do the same thing as a final waiver. After all - if payment is fully made, lien rights won't exist. And, having that statement in hand would then be just as valuable as a waiver.
Admittedly, I'm not well versed in how Massachusetts businesses handle requests for final mechanics lien waivers. So, for a little more clarity here, it might be useful to discuss the issue with a Massachusetts construction attorney. They may be more privy to workarounds or expectations in that market. For more general information on Massachusetts lien waiver rules: Massachusetts Lien Waivers Guide and FAQs.