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Michigan Lien Waiver Forms — Generate in 60 Seconds

Generate Michigan-compliant lien waivers that follow the mandatory statutory forms prescribed by MCL 570.1115. Michigan is one of 12 states that require waivers to substantially follow specific statutory language — non-compliant forms are unenforceable. All four waiver types available with free preview. No notarization required.

Which Type Do You Need?

Michigan uses four statutory waiver forms under MCL 570.1115(9). The statute calls them "partial" and "full" rather than "progress" and "final," but they work the same way. Two factors determine which form you need: (1) whether payment has cleared, and (2) whether this covers a partial payment or the entire contract. Mid-project draw and payment has NOT cleared? Use Partial Conditional Waiver. Mid-project draw and payment HAS cleared? Use Partial Unconditional Waiver. Final payment and check has NOT cleared? Use Full Conditional Waiver. Final payment and check HAS cleared? Use Full Unconditional Waiver.

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Michigan Lien Waiver Rules at a Glance

Mandatory statutory forms

MCL 570.1115(9) prescribes four forms. Waivers that don't substantially follow the statutory language are unenforceable.

No notarization required

Michigan's statutory waiver forms require only a signature from the claimant or authorized agent. No notarization needed.

Advance waivers are void

MCL 570.1115(1): requiring a lien waiver in advance of work performed is contrary to public policy. Only valid to the extent payment was actually made.

Notice of Furnishing required

Subcontractors (subs) and suppliers must serve a Notice of Furnishing within 20 days of first providing labor or materials (MCL 570.1109).

Residential verification rule

For residential projects, owners must verify waiver authenticity directly with the claimant — in writing, by phone, or in person (MCL 570.1115(7)).

90-day filing deadline

Construction liens must be recorded within 90 days after the last day of furnishing labor or materials (MCL 570.1111).

Michigan Lien Waiver Legal Requirements

Michigan is a mandatory statutory form state. The Construction Lien Act (Act 497 of 1980), specifically MCL 570.1115(9), prescribes four waiver forms that must be used in "substantially the following format." Michigan's forms are called partial unconditional, partial conditional, full unconditional, and full conditional — corresponding to the standard progress and final categories used in other states. Conditional waivers become effective only upon actual payment of the amount stated. A key Michigan-specific rule: for residential structures, an owner cannot rely on a waiver provided by anyone other than the named claimant unless the owner first verifies the waiver's authenticity directly with the claimant, either in writing, by telephone, or in person (MCL 570.1115(7)). Michigan also requires contractors to provide a Sworn Statement (MCL 570.1110) detailing all parties owed money on the project before receiving payment. This sworn statement works hand-in-hand with lien waivers — the contractor lists who is owed what, and waivers confirm those parties have been paid. Giving a false sworn statement is a criminal offense in Michigan.

Recent Law Changes

  • No major recent amendments. The Construction Lien Act (Act 497 of 1980) was last substantively amended in 2010 (PA 147). The statutory waiver forms in MCL 570.1115(9) have remained stable.

Michigan Conditional Progress Waiver

Statutory reference: MCL 570.1115(9) — Partial Conditional Waiver

What It Is

Waives construction lien rights for a partial (progress) payment, effective only when the stated payment is actually received.

When to Use

When exchanging a waiver for a progress payment or draw that you haven't received yet, or when the check hasn't cleared.

Key Legal Points

  • Effective only upon actual payment of the amount indicated in the waiver.
  • Covers only the partial payment amount stated — does not affect rights for remaining balances or future work.
  • Must substantially follow the statutory form prescribed in MCL 570.1115(9).
  • Required fields: claimant name, property description, amount, date range of work covered.
  • If consideration for the waiver fails (check bounces), the waiver is void — but only if the paying party didn't have written notice of the failure at the time of payment.

Tips

  • Michigan calls this a 'partial conditional' waiver. Same concept as 'conditional progress' used in other states.
  • Always specify the exact amount and the date range of work covered by this partial payment.
  • Keep copies alongside the contractor's Sworn Statement for the same payment period.

Michigan Unconditional Progress Waiver

Statutory reference: MCL 570.1115(9) — Partial Unconditional Waiver

What It Is

Immediately and unconditionally waives construction lien rights for a partial payment amount. Takes effect upon signing.

When to Use

Only after you've received a partial (progress) payment in good and sufficient funds.

Key Legal Points

  • Waiver is effective immediately upon signing — no conditions.
  • MCL 570.1115(4): a lien claimant who receives partial payment shall provide this waiver when requested by the owner.
  • Covers only the amount stated for the specified work period.
  • For residential structures, owner must verify the waiver's authenticity directly with the claimant (MCL 570.1115(7)).
  • Must substantially follow the statutory form.

Warning

Once signed, your lien rights for that payment amount are gone regardless of what happens next. Only sign after you've confirmed the funds have cleared.

Tips

  • Wait for the check to clear your bank before signing. There's no reason to rush an unconditional waiver.
  • The residential verification rule means the property owner may contact you to confirm — be prepared for that call.

Michigan Conditional Final Waiver

Statutory reference: MCL 570.1115(9) — Full Conditional Waiver

What It Is

Waives all construction lien rights for the entire contract, conditioned on receipt of the final payment amount.

When to Use

When submitting a request for the final payment covering all remaining balances and you haven't received it yet.

Key Legal Points

  • Effective only upon actual payment of the full amount indicated.
  • Covers the entire contract — all labor, materials, equipment, and services furnished.
  • If the final payment check bounces, the waiver is void and your lien rights remain intact.
  • Must substantially follow the statutory form prescribed in MCL 570.1115(9).
  • Works alongside the contractor's final Sworn Statement (MCL 570.1110).

Tips

  • Make sure the final payment amount includes all retainage, change orders, and outstanding balances.
  • Cross-reference the amount against the contractor's Sworn Statement to verify everything is accounted for.
  • Michigan's conditional protection is strong — if payment fails, you keep your lien rights.

Michigan Unconditional Final Waiver

Statutory reference: MCL 570.1115(9) — Full Unconditional Waiver

What It Is

States the contract has been fully paid and satisfied. Immediately and irrevocably releases all construction lien rights on the project.

When to Use

Only after ALL payment — including final payment and any retainage — has been received in good and sufficient funds.

Key Legal Points

  • MCL 570.1115(3): a lien claimant who receives full payment shall provide this waiver to the owner, lessee, or designee.
  • Waiver is immediate and unconditional — no take-backs.
  • Covers all labor, services, equipment, and materials for the entire project.
  • For residential projects, the owner must verify authenticity directly with the claimant.
  • This is the most consequential Michigan waiver form.

Warning

Do not sign until every dollar has cleared your account. This form waives ALL your lien rights on the project with no conditions. Once it's signed, your only recourse for unpaid amounts is a breach of contract claim — not a lien.

Tips

  • Verify every payment has cleared before signing. A conditional final waiver is safer if any amount is still outstanding.
  • Keep records of all partial waivers issued throughout the project alongside this final waiver.

Common Michigan Lien Waiver Mistakes

  1. 1

    Using non-statutory waiver forms

    Michigan requires waivers to substantially follow the forms in MCL 570.1115(9). Using a generic template or a form from another state renders it unenforceable. Many online templates don't match Michigan's statutory language.

  2. 2

    Missing the 20-day Notice of Furnishing deadline

    Subs and suppliers must serve a Notice of Furnishing within 20 days of first providing labor or materials (MCL 570.1109). Missing this deadline doesn't destroy your lien rights entirely, but it limits them — you lose protection for work covered by payments made before the notice was served.

  3. 3

    Signing an unconditional waiver before payment clears

    An unconditional waiver takes effect immediately. If you sign one before confirming the funds cleared, you've waived your lien rights with no safety net. Always use a conditional waiver until you've verified the money is in your account.

  4. 4

    Skipping the residential verification step

    On residential projects, MCL 570.1115(7) requires the owner to verify waiver authenticity directly with the claimant. If a GC hands the owner a waiver they claim is from a sub, the owner can't rely on it without checking with that sub first. GCs and owners who skip this step lose the waiver's protection.

  5. 5

    Confusing Michigan's terminology with other states

    Michigan uses 'partial' and 'full' instead of 'progress' and 'final.' They mean the same thing, but using the wrong label on the form could create confusion or compliance questions. Stick with Michigan's statutory terms.

Michigan Lien Waiver FAQ

Does Michigan require statutory lien waiver forms?
Yes. MCL 570.1115(9) prescribes four mandatory forms: partial unconditional, partial conditional, full unconditional, and full conditional. Waivers that don't substantially follow the statutory format are unenforceable.
Do lien waivers need to be notarized in Michigan?
No. Michigan's statutory waiver forms require only a signature from the claimant or their authorized agent. No notarization is required.
What's the difference between a conditional and unconditional lien waiver in Michigan?
A conditional waiver becomes effective only when the stated payment is actually received. An unconditional waiver takes effect immediately upon signing, regardless of whether payment has cleared. Use conditional waivers when you haven't confirmed payment; switch to unconditional only after the money is in your account.
Can I waive lien rights before work begins in Michigan?
No. MCL 570.1115(1) prohibits advance waivers. A waiver obtained as part of a contract before work is performed is contrary to public policy and invalid, except to the extent payment was actually made.
Why does Michigan call them 'partial' and 'full' instead of 'progress' and 'final'?
Michigan's Construction Lien Act uses 'partial' for payments covering a portion of the contract and 'full' for payments covering the entire contract. Other states like California and Texas use 'progress' and 'final.' The concepts are identical — only the labels differ.
What is the Notice of Furnishing requirement in Michigan?
Subs and suppliers must serve a Notice of Furnishing on the designee and GC within 20 days of first providing labor or materials (MCL 570.1109). Missing this deadline limits your lien rights for work covered by payments made before the notice was served.
What is the residential verification rule for Michigan lien waivers?
MCL 570.1115(7) requires that on residential projects, an owner cannot rely on a waiver from someone other than the named claimant unless the owner verifies the waiver's authenticity directly with the claimant — in writing, by telephone, or in person. This protects homeowners from forged or unauthorized waivers.
What is a contractor's Sworn Statement in Michigan?
Under MCL 570.1110, a contractor must provide the owner with a Sworn Statement listing all parties owed money on the project and how much each is owed. The Sworn Statement works alongside lien waivers — the statement identifies who should be paid, and waivers confirm they were paid. Providing a false sworn statement is a criminal offense.
What is Michigan's lien filing deadline?
A construction lien must be recorded within 90 days after the last day of furnishing labor or materials (MCL 570.1111). After recording, you must serve a copy on the designee within 15 days. Enforcement proceedings must be filed within 1 year of recording.
What happens if I use a non-statutory waiver form in Michigan?
It's unenforceable. MCL 570.1115 requires waivers to substantially follow the prescribed statutory forms. A generic template or a form from another state won't cut it. The waiver simply has no legal effect if it doesn't comply.