My Account Deeds.com Real Estate Deeds

Massachusetts Contractor Full Conditional Lien Waiver

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.

Deeds.com Massachusetts Contractor Full Conditional Lien Waiver Forms Have Been Updated as Recently as Tuesday September 17, 2019

4.7 out of 5 (858 Reviews)

What others like you are saying:


John G. said: Great on line help with the recording process!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Jina N. said: Awesome site!! You guys really make it simple to understand and access any Deeds that I need. I know you keep very up to date forms, as my county is hard core when it comes to the smallest of details, even compared to every other county across the state. Yet you made it simple and quick, and I never had to redo anything. Even the clerk was impressed that I had it filled out correctly the first time, as that usually never happened. Even the size of type/font and the margins were perfect. That saved a lot of time, money and most of all, frustration. I've recommended you to relatives, friends and co-workers. Thanks to the staff at deeds dot com !! I truly appreciate you. j

Reply from Staff: Thank you!


Patricia M. said: Very easy site to navigate and very helpful information

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


SHIRLEY R. said: This was Awesome!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Thi W. said: Absolutely the easiest and fastest service ever!!! staff very helpful.

Reply from Staff: Thank you!


Jacinto A. said: The forms are exactly what was needed. But wish I was able to click on the preview form to make sure it was the correct forms

Reply from Staff: Thank you for your feedback Jacinto.


Massachusetts Contractor Full Conditional Lien Waiver Form