Michigan Lien Waivers Guide and FAQs

Yes, everyone working on a construction project in Michigan must exchange the same lien waiver forms. These forms are provided under Michigan’s mechanics lien laws and explicitly states that you must use these forms.

While this may seem frustrating for some job stakeholders, this makes things easier for contractors and suppliers. Using statutory forms helps prevent the inclusion of additional language and the potential to waive more rights than intended. This helps speed up the already notoriously slow payments in the construction industry, by avoiding disputes over waiver language

In order to effectively waive lien rights in Michigan, the waiver must be in the statutory form provided under Mich. Comp. Laws. §570.1115(9) and signed by the claimant or their authorized agent.

→ Download free Michigan lien waiver forms here:

• Michigan Partial Conditional Waiver form

• Michigan Partial Unconditional Waiver form

• Michigan Final Conditional Waiver form

• Michigan Final Unconditional Waiver form

No, a full unconditional waiver is actually required by a lien claimant once full payment is received.  A partial unconditional waiver is required for claimants who receive partial payments.

• Dive deeper: Unconditional vs. Conditional Lien Waivers

No, lien rights in Michigan cannot be waived by contract. These so-called “no-lien clauses” are against public policy, and explicitly prohibited under Michigan’s lien laws, “A waiver obtained as part of a contract for an improvement is contrary to public policy, and shall be invalid, except to the extent that payment for labor and material furnished was actually made to the person giving the waiver.”

Lien waivers in advance of work performed or materials furnished are strictly prohibited under Michigan’s lien laws. Furthermore, lien rights cannot be waived in Michigan prior to payment. They are only effective upon payment of the amount indicated in the waiver.

No, the Michigan statutory lien waiver forms do not require notarization in order to be valid, only a signature by the claimant or the claimant’s authorized agent is required.

In fact, an argument can be made that notarizing a Michigan lien waiver is an alteration of the statutory form and could potentially invalidate the waiver.

• See: Can Notarizing a Lien Waiver Actually Invalidate It?