Massachusetts Contractors Partial Waiver and Subordination of Lien
The Contractor's Partial Waiver and Subordination of Lien form is useful for situations where a contractor seeks a partial payment to waive lien rights up to a specific date.
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. Partial lien waivers should be provided upon a partial or progress payment and the waiver only applies to forfeit lien rights according to the terms stated within it.
Lawful waivers identify the parties to the contract, the claimant, the property, the nature of work, relevant dates, 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 Partial Waiver and Subordination of Lien Forms Have Been Updated as Recently as Thursday March 21, 2019
What others like you are saying:
Julie A. said: After receiving the forms online and reviewing them, it was very easy to fill this out and the additional information was very helpful. Saved a lot of money by not having to use a lawyer/paralegal to do this simple task. Will definitely use Deeds.com in the future for any further needs. Thank you
Reply from Staff: Thank you Julie. We appreciate you taking the time to leave your review. Have a wonderful day.
Robert S. said: Very timely service and retrieved information I was looking for
Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Gretchen N. said: The filled out form could have been placed on the real form then deleted with current info. Form quite simplified but example & help good.
Reply from Staff: Thank you for your feedback Gretchen.
Peter W. said: Thanks worked out great
Reply from Staff: Thank you for the follow up Peter. Have a great day!
Janepher M. said: Easy and informative site. Helped me figure out what I was looking for.
Reply from Staff: Thank you Janepher, we appreciate your feedback!
Myrna P. said: Easy to download, form very user friendly, and its customized to our county. Very much worth the money.
Reply from Staff: Thank you Myrna. Have a fantastic day!
Select County where the property is located.