Massachusetts Contractor's Full Conditional Lien Waiver

The Contractor's Full Conditional Lien Waiver is useful for situations where a contractor seeks full payment, but will only waive lien rights after the bank pays the check.

Lien waivers are used between contractors (also subcontractors and suppliers) and property owners as a quid-pro-quo arrangement between the contractor and owner. The purpose of a waiver is to influence payment from the owner in return for the contractor waiving future mechanic's lien rights.

In Massachusetts, any promise or agreement that bars the filing of a Notice of Contract is void and unenforceable, but that prohibition does not apply to full or partial lien waivers or dissolutions of liens. M.G.L. Ch. 254, 32. Therefore, the parties can use waivers to facilitate payment and ease concerns of hidden liens.

In general, Massachusetts recognizes four types of lien waivers: Partial Waiver by Contractor, Full Conditional Waiver by Contractor, Partial Waiver by Subcontractor, and Full Conditional Waiver by Subcontractor. Id. As their titles suggest, contractors should use a contractor's waiver and subcontractors should use a waiver designated for a subcontractor. Only offer full waivers on a full and final payment; the waiver is conditioned on the payment clearing the bank.

Lawful waivers identify the parties to the contract, the claimant, the property, the nature of work, payment information, and anything else necessary for clarity or to meet local requirements. The claimant (or authorized representative) must sign the completed waiver in front of a notary, then submit the document to the recording office for the county where the property is located.

Using lien waivers properly can ensure smoother relations between the parties on a construction job and alleviate and feelings of mistrust or concern. This article is provided for informational purposes only and should not be relied upon as a substitute for advice from an attorney. Please speak with a Massachusetts attorney if you have any questions about lien waivers or for any other issues concerning mechanic's liens.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Contractor Full Conditional Lien Waiver

Establish a legal claim against property for unpaid labor
Document a lien waiver upon receipt of progress payment
File a lien to prevent property sale until payment is received
Protect a contractor's right to payment for work performed
Protect a supplier's right to payment for delivered materials
Provide required pre-lien notice before filing a claim
Document consent of the property owner for improvements

Compare other Massachusetts deed forms and documents

Quitclaim Deed Quitclaim Deed with Covenants Gift Deed Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement General Durable Power of Attorney Specific Durable Power of Attorney for the Sale of Real Property Specific Durable Power of Attorney for the Purchase of Real Property Mortgage Deed and Promissory Note Discharge of Mortgage Assignment of Mortgage Memorandum of Agreement for Purchase and Sale of Real Estate Full Release of Memorandum of Agreement for Purchase and Sale of Real Estate Disclaimer of Interest Trustee Deed Personal Representative Deed of Sale Personal Representative Deed of Distribution Notice of Contract Notice of Identification Statement of Account Notice of Termination Notice of Substantial Completion Bond for Written Contract Dissolution by Bond Dissolution of Lien Contractor Partial Waiver and Subordination of Lien Subcontractor Partial Waiver and Subordination of Lien Subcontractor Full Conditional Lien Waiver Estate Tax Affidavit Trustee Certificate

Important: County-Specific Forms

Our contractor full conditional lien waiver forms are specifically formatted for each county in Massachusetts.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to Massachusetts Forms