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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 Monday January 14, 2019

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Sharon L H. said: The forms were good enough, hard to get excited about legal forms... The information was very thorough and helpful.

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Thank you!


Martha B. said: Not too hard to do, I did get it checked out by an attorney after I completed it just to be safe. He said it was fine, made no changes.

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Pat K. said: It has been very easy. Like that the recording is so fast.

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Massachusetts Contractor Full Conditional Lien Waiver Form